RAMKRISHNA DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioner is a member of the respondent no.6-Society and was elected on August 29, 2014 as one of the Directors of the Board of Directors of the Society. The term of the said Board, which included the petitioner, expired in accordance with law after five years, that is, on August 28, 2019. Since, during the tenure of the petitioner and his board, the election of the Society could not be completed by the Authorities as mentioned in Sec. 36 of the West Bengal Co-operative Societies Act, 2006 (hereinafter referred to as "the 2006 Act"), a Board was nominated by the Registrar of the Co-operative Societies, the tenure of which was further extended for tenures of six months each from time to time, lastly till August, 2021.

(2.) It is argued that, due to the pandemic situation, the election could not be held prior to August, 2021. It is relevant to mention that the nominated Board also comprised of the petitioner and the erstwhile Board members. However, the further extension sought by the Chairman of the nominated Board by a letter dated August 5, 2021 was turned down by the Registrar of Co-operative Societies, West Bengal. Accordingly, the petitioner and the other Directors vacated their respective offices on August 29, 2021.

(3.) After August 29, 2021, the respondent-Authorities did not extend the tenure of the earlier elected Board, nor took any steps for holding elections of the Co-operative Society.