KRISHNA CHOWDHURY Vs. STATE

JUDGEMENT

(1.) The only question which has been addressed to us and requires our decision is as to whether the provision of Sections 95(5) and 95(6) of the West Bengal Co-operative Societies Act (hereinafter referred to as the said Act) is mandatory or directory.

(2.) In view of a pure question of law raised in this appeal, it is not necessary to consider the fact of the matter in details, suffice it to say that dispute having been raised by the respondent Nos. 6 to 8 (hereinafter referred to as the added respondents) as regards the legality or validity of an annual general meeting held for the purpose of election of office bearers in terms of Sec. 45 of the said Act, the same was referred by the respondent No. 9 to the respondent No. 3 as an Arbitrator. Reference was made on 30-12-94. The respondent No. 3 passed an Award on 23-11-95 which is contained in Annexure 'B' to the writ application. The writ petitioners/ appellants who were 8 in number and members of Baharal Fishermen Co-operative Societies Limited, filed a writ petition before the learned trial Judge and by reason of the impugned order dated 12-3-96 while directing the respondents to file affidavit in opposition, the learned trial Judge asked the Registrar, Co-operative Societies to consider the said Award dated 23-11-95, which according to the writ -- petitioners/appellants amount to virtually dismissing the writ application. Learned counsel for the parties agree that the entries appeal may be heard and the writ petition may also be disposed of on construction of the aforementioned provisions.

(3.) Mr. Chattopadhyay, learned counsel appearing on behalf of the appellants submitted that a bare perusal of Sections 95(5) and 95(6) of the said Act, would show that the said provisions are mandatory in nature. Learned counsel in support of his aforementioned contention has relied upon a recent Supreme Court decision in the case of Registrar, Co-operative Societies, W.B. v. Krishna Kumar Singhania reported in (1995) 6 SCC 482 : (1996) 1 Cal LT 16 (SC) : (1995 AIR SCW 3823). It was, however, pointed out that a Division Bench of this Court in the case of Bhagirathi Co-operative Joint Farming Society v. Howrah Zilla Parishad reported in (1985) 87 Cal WN 891 : (AIR 1984 Cal 125) while considering the provisions of sub-sections (4) and (5) of Section 87 of the West Bengal Co-operative Societies Act, 1973, held the same to be directory in nature.