RATHIN BHATTACHARJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Affidavit of service filed in Court today be kept on record.

(2.) On behalf of the petitioner, it is submit-ted that section 36 (c) of the West Bengal Co-operative Societies Act, 2006 does notcontemplate of such action on the part of the Chief Executive Officer of the Union. In this context, learned advocate for the petitioner refers to the provisions of the 2011 Amendment Act, whereby certain provisions of the West Bengal Co-operative Societies Act, 2006, stood amended. According to him, section 36 (c) of the West Bengal Co-operative Societies Act, 2006 was substituted in terms of section 12, sub-section (b) of the 2011 Amendment Act.

(3.) On the other hand, learned advocate for the State submits that the applicable provision of law has been misquoted by the Chief Executive Officer. He has, in fact, exercised powers under the provision of section 36, sub-section (d) clause (ii) and not under section 36 (c) of the West Bengal Co-operative Societies Act, 2006.