ANIL KUMAR GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) At the outset, learned counsel representing the writ petitioners prays for striking out the names of the writ petitioner Nos. 2 to 4. Such prayer is granted and the names of the writ petition Nos. 2 to 4 are directed to be deleted from the cause title of the writ petition in course of this day. The writ petitioner has described himself as one of the members of the Durgapur Steel Peoples' Co-operative Bank Limited possessing member No. P000557. He is essentially aggrieved by an order dated 25th January, 2012, issued by the Registrar of Co-operative Societies, West Bengal, whereby it has been held, inter alia, that no free and fair election can be held for election of delegates in respect of Durgapur Steel Peoples' Co-operative Bank Limited, unless it is ensured that the voters' list is prepared as per rules and is free from all irregularities. The basis of such an order appears to be a complaint lodged by one Arun Kumar Nandi and some others stated to be members of Durgapur Steel Peoples' Co-operative Bank Limited, with regard to the election of delegates of the said bank, which was scheduled to be held on 29th January, 2012.

(2.) In course of hearing of the matter it has been brought to this Court's notice by the learned counsel for the parties that the West Bengal Co-operative Societies Act, 2006, has undergone a recent amendment, which has come into effect from 6th February, 2012. Pursuant to such amendment, the Government of West Bengal, Co-operative Department, has issued a notification dated 2nd March, 2012, appointing one Dhiraj Kumar Roy, as a Special Officer of the bank for a period of six months, with effect from the date of issuance of the notification, for managing the affairs of the bank with an additional direction upon him to exercise all the powers and perform all the duties, subject to control and direction of the Registrar of Co-operative Societies, West Bengal, in accordance with the provision of section 36(d)(ii) of West Bengal Co-operative Societies Act, 2006 (as amended upto date), and to make over the charge to the newly elected Board of Directors of the bank to be reconstituted by the Registrar of Co-operative Societies, West Bengal, as per clause (cc) of section 36 of the West Bengal Co-operative Societies Act, 2006 (as amended upto date), in accordance with the relevant provisions of the West Bengal Co-operative Societies Act, 2006, Rules and by-laws of the bank, before expiry of his stipulated tenure.

(3.) It is the specific contention of the learned counsel appearing on behalf of the writ petitioner that pursuant to the appointment of a Special Officer what the State is actually seeking is to have a fresh voters' list prepared for the purpose of holding election of delegates of the bank based on a frivolous complaint, which culminated in issuance of the impugned order dated 25th January, 2012. According to the learned counsel for the petitioner, it is well settled that election cannot be postponed for reason that certain claims and objections still remain to be disposed of and no authority should pass any order which has the tendency or effect of postponing an election which is reasonably imminent. In this context, he relies on the five Bench decision of the Supreme Court rendered In Lakshmi Charan Sen v. A.K.M. Hussan Uzzaman & Ors., 1985 AIR(SC) 1233. According to him, the only purpose of appointing a Special Officer in terms of the notification dated 2nd March, 2012, was to stall the election process which has already commenced and to help the State to prepare a fresh voters list, based on the observations made in the impugned order dated 25th January, 2012, passed by the Registrar of Co-operative Societies, West Bengal.