NIKHIL SHANDRA DEB Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Affidavit of service filed in Court today be kept on record. The petitioners claim to be members and shareholders of cooperative society named, "Observance Co-operative Housing Society Limited (hereinafter referred to as the Society). According to the petitioners, they were elected as Directors in the Board of the Society in an Annual General Meeting held on 16th October, 2011. They have now approached this Court challenging an order dated 28th August, 2012, issued by the Registrar of Co-operative Societies, West Bengal, invoking the provisions of Section 34 of the West Bengal Co-operative Societies Act, 2006.

(2.) The main thrust of the writ petitioners' case is two-fold. According to them, the provision of Section 34 of the West Bengal Cooperative Societies Act, 2006, has to be exercised by the Registrar of Co-operative Societies on his own and not at the behest of the Government of West Bengal, which the Registrar, in fact, has chosen to do while rendering the impugned order dated 28th August, 2012. The other contention of the petitioners is that although they were duly elected as members of the Board in an Annual General Meeting held on 16th October, 2011, the Registrar of Co-operative Societies has ignored this important fact and has proceeded to observe in the impugned order that the Board was last elected on 29th June, 2008. In such circumstances, it has been contended on behalf of the petitioners that the impugned order dated 28th August, 2012, is bad in law and is liable to be set aside.

(3.) Learned Advocate representing the respondent Nos. 11 to 17, while making his submissions, has essentially adopted the submissions made on behalf of the petitioners.