BHUDEB MUKHERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioners are the erstwhile Chairman and the Assistant Secretary in the previous Board of the Co-operative Housing Society namely "Digantika Samabay Abasoni Limited" (in short "The Society") (formerly known as "Bidhan Co-operative Housing Society Limited) and the residents of the said Housing Society. The previous Board of the Society has operated from the year 2010 to the year 2015. During the said period, the petitioners have functioned as the Chairman and the Assistant Secretary of the said Board.

(2.) Now that when the subsequent Board has taken the resolution to expel the petitioners from the membership of the Society on charges of corruption, allegedly done by the petitioners during the period when they were at the helm of affairs of the said Society, the petitioners have filed the instant case seeking redress. The petitioners have prayed for two-fold reliefs inter alia that the resolution of the subsequent Board of the Society dated January 13, 2020 may be set aside/quashed and that the letter issued by the respondent no. 6/the Special Officer dated May 12, 2021 may also be set aside and/or quashed. It is pertinent to note that the reliefs prayed for by the petitioners are against the respondent/Co-operative Housing Society.

(3.) Therefore, before entering into the discussions as regards minutes of challenge put forth by the writ petitioners in this case, the argument relating to the non-maintainability of the instant case as advanced by the respondents, be dealt with first, as the same touches the very root of the case. In case it is a dispute between the parties private in nature as claimed by the respondents and does not really involve any public element in the same, the Court has to refrain to entertain and maintain the writ petition due to inherent lack of jurisdiction. As a matter of fact, in that event none of the other points argued by the parties respectively, is required to be gone into by the Court.