ARUN KUMAR MUKHERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioner No.l is the Secretary and a Director of Panihati Co-operative Bank Ltd. The petitioner No.2 is the Panihati Co-operative Bank Ltd. This writ petition has been filed by the aforesaid two petitioners challenging the notice of the Special General Meeting of the said Co-operative Bank issued by the respondent No.4, the Chairman of the said Bank. The respondent No.4 raised a preliminary objection against the maintainability of the writ petition by the Co-operative Bank in the absence of any authorisation in this behalf by the Board of Directors in favour of the petitioner No.l. Such question need not be gone into for the purpose of disposal of this writ petition because even if the writ petition is held to be not maintainable on behalf of the petitioner No.2 but then the petitioner No.l alone can maintain this writ petition on his behalf.

(2.) One third delegate members of the aforesaid Co-operative Bank by a written notice addressed to the Secretary of the said Bank requested the Board of Directors of the said Bank to call for a Special General Meeting of the Bank on the agenda mentioned therein. The said requisition in writing was received by the Secretary of the said Bank on 6.3.96. The Board of Directors though in its meeting dated. 9.4.96 took into consideration the said requisition of the delegates for a Special General Meeting as aforesaid but no consensus was arrived at therein, both in respect of the date of the Special General Meeting and the list of business and/ or businesses to be transacted therein.

(3.) In such circumstances, the Assistant Registrar of Co-operative Societies, North 24-Parganas, in exercise of the power under sub section(3) of section 26 of the West Bengal Co-operative Societies Act, 1983 (hereinafter called the said Act), passed an order dated 4.7.96 authorising the Chairman of the said Bank to call a Special General Meeting in terms of section 26(l) of the said Act. In the said order it was categorically pointed out that the majority of the Directors of the Board of Management of Panihati Co-operative Bank Ltd failed to call the requisition Special General Meeting within the time prescribed under section 26(2) of the said Act. On the basis of such authorisation the Chairman of the said Bank, the respondent No.4 herein, published a notice dated 6.7.96 for a Special General Meeting of the said Bank on 28.7.96 with agenda mentioned therein which included amongst other an agendum for removal of the writ petitioner from his office of Director of the Board.