ALI AHMED Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this appeal, the appellant All Ahmed has challenged the propriety of the order dated April 9, 1981 of a learned Judge of this Court discharging the Rule Nisi issued on the application of the appellant under Article 226 of the Constitution.

(2.) In the writ petition, the appellant has prayed for a declaration to the effect that the West Bengal Co-operative Societies (Second Amendment) Act. 1978 is ultra vires Articles 14 and 19 (1) (c) of the Constitution of India. By the said Amendment Act a new provision being Section 26-A has been introduced into the West Bengal Co-operative Societies Act, 1973, hereinafter referred to as the Act. The appellant has also prayed for a writ in the nature of Mandamus commanding the respondents Nos. 1 to 4 to forbear from implementing the said Amendment Act in respect of the West Bengal State Cooperative Marketing Federation Limited commonly known as 'BENFD', hereinafter referred to as the Society, and from acting on the basis thereof in any manner whatsoever for the purpose of dissolution of the Managing Committee of the Society.

(3.) The appellant was elected Chairman of the Managing Committee of the Society at the Annual General Meeting of the Society held on December 22, 1976. By a Notification dated October 18. 1977 issued under Section 26 (1) of the Act, the Managing Committee of the Society was dissolved by the Government. The appellant challenged the said notification dissolving the Managing Committee by filing a writ petition in this Court. A Rule Nisi was issued on the said writ petition and an interim order of stay of the operation of the said notification was made by this Court. Ultimately, on July 31. 1978, the Rule Nisi was made absolute and the notification was quashed. No appeal was preferred by the respondents Nos. 1 to 4. During the period the said Rule was pending in this Court, the Annual General Meeting of the Society could not be convened within the period of fifteen months after the date of the last preceding meeting held on Dec. 22, 1976, as provided in Sub-section (2) of Section 21 of the Act. As the period of eighteen months had also expired from the date of the last Annual General Meeting, the Registrar of Co-operative Societies. West Bengal, could not also call a general meeting of the Society in accordance with the provision of Sub-section (3) of Section 21 of the Act The Managing Committee of the So- ciety passed resolution on August 14. 1978 to the effect that the Government should be moved for according permission to the Registrar for holding the Annual General Meeting under Section 21 (4) of the Act. It appears that one Shri P. Vanamali, I. A. S., who was the Managing Director of the Society, by his letter dated November 4/6, 1978 addressed to the Registrar of Co-operative Societies. West Bengal, requested him to take steps so that the Government might be moved for according necessary permission for holding the Annual General Meeting. The appellant also wrote a letter to the Secretary. Co-operation Department, Government of West Bengal, to grant the necessary permission in terms of Section 21 (4) of the Act for holding the Annual General Meeting. In spite of these requests, neither the Registrar nor the Government of West Bengal took any steps for holding the Annual General Meeting of the Society. The last attempt was made by the appellant bv a letter written by his Advocate to the Secretary. Co-operation Department, Government of West Bengal, requesting him to give the necessary permission, but in vain. Thereafter, on December 15, 1978, the appellant filed a writ petition whereupon a Rule Nisi was issued by this Court calling upon the respondents to show-cause why the Annual General Meeting should not be held. The said Rule Nisi is still pending.