W.P. No. 27472 (W) of 2008. Case: Ashok Kumar Samanta and Others Vs State of West Bengal and Others. High Court of Calcutta (India)

Case NumberW.P. No. 27472 (W) of 2008
CounselSudeep Ghosh, Keshab Bhattacharjee, Koushik Chatterjee
JudgesTapen Sen, J.
IssueWest Bengal Cooperative Societies Act, 1983 - Sections 26(3), 26(1)(b)
Judgement DateJuly 01, 2009
CourtHigh Court of Calcutta (India)

Judgment:

Tapen Sen, J.

  1. In this Writ Petition, the Petitioners pray the issuance of a Writ of Mandamus commanding upon the Respondents to withdraw the Order dated 15.9.2008 (Annexure- P4) issued by the Assistant Registrar Cooperative Societies, Hooghly whereby and whereunder, and in pursuance of the provisions of Section 26(3) of the West Bengal Cooperative Societies Act, 1983 (hereinafter referred to as the said Act), the Inspector of Cooperative Societies, Singur Development Block was directed to call a Special General Meeting and reconstitute the Board of Directors by 15.11.2008. The Petitioners further pray for quashing the Notice dated 30.9.2008 (Page 40 of the Writ Petition) whereby and whereunder and in pursuance of the aforementioned Order dated 15.9.2008, a Special General Meeting was sought to be called on 1.11.2008. The Petitioners further pray for restraining the Respondents from giving effect to or acting in furtherance of the said meeting dated 1.11.2008.

  2. The short facts which could be gathered from the pleadings are that the Petitioners are members of the Board of Directors of the Anand Sagar Samabaya Krisi Unnayan Samiti Ltd., Singur in the District of the Hooghly which is a registered Cooperative Society. It has been stated that the Board which was last reconstituted in 2006, was functioning properly but some misunderstandings between the members of the Board of Directors on trivial issues started to occur and as a result thereof, 6 members of the Board of Directors submitted their resignations which were however never accepted. However, a meeting was held in the Office of the Assistant Registrar on 1.7.2008 in which, the Respondent No. 3 (Assistant Registrar) took into consideration the respective contentions of the members of the Board of Directors and passed an Order on 1.7.2008 (Annexure- P1) whereby and whereunder he invoked the provisions of Section 26(1) (b) of the Act directing the Society to call a Special General Meeting for reconstitution of the Board of Directors by 31.8.2008. By reason of Annexure- P1, it is evident that the said Order was passed on the ground that 6 members of the Board had resigned but according to the Petitioners, such resignation was neither accepted nor acted upon.

  3. Thereafter on 2.8.2008, a General Meeting of the Board of Directors was held for taking a decision in relation to the Order passed on 1.7.2008 and in this meeting, those 6 members of the Board of Directors who had...

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