ARUP KUMAR BOSE Vs. KOUSHIK BHATTACHARYA

JUDGEMENT

(1.) This intra-court writ appeal, at the instance of the respondent no.5 in WP 4274 (W) of 2019, registers a challenge to an order dated January 7, 2020 whereby, a learned Judge of this Court disposed of the writ petition with a direction upon the Cooperative Election Commission (hereafter the Commission), the respondent no. 35 therein, to hold election for constitution of the Board of Directors (hereafter the Board) of Vivekananada Samabaya Abasan Samity Limited (hereafter the Society) within a period of 45 days from date. In the process, the learned judge declined to make any order in respect of such members of the Society who, allegedly, had defaulted in payment of maintenance charges or otherwise, on the ground of a doubt that such notices might have been issued to such defaulters for collateral purposes. It was directed that such defaulters, if at all, should be dealt with by the newly elected board. Further, the Administrator appointed in respect of the Society, the respondent no.2, was directed to remain in-charge thereof till such time the application (sic, election) is completed. All the parties were directed to cooperate in the matter of holding of election. There was also a direction that the newly elected board shall hear out the allegations against the defaulters and deal with them in a manner deemed fit and proper.

(2.) Can 709 of 2020 is an application for stay of operation of the order under challenge.

(3.) While hearing the application for stay, we have heard the parties on the merits of the appeal with their consent. We propose to dispose of the appeal as well as the application by this common order, dispensing with all formalities.