GOPAL CHANDRA HALDER Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioners are all members and voters of Gangarampur Matsyajibi samabay Samity Limited (hereafter the said society ). They call in question a notice issued by the Assistant Director of Fisheries, Dakshin Dinajpur, balurghat bearing Memo No. 101 dated 22. 5. 07. By the said notice, a programme for election of delegates was notified and all the members of the said society were called upon to cast their respective votes by raising of hands. It was further mentioned therein that the said notice was being issued in terms of an order issued by the Co-operation Department, Government of west Bengal dated 9. 4. 07 and that guidelines for election of delegates framed by the Board of Directors of the said society in its meeting held on 21. 9. 03 would be followed.

(2.) THE grievance of the petitioners is that in directing adherence to the aforesaid guidelines which were formulated by the erstwhile Board of Directors dated 21. 9. 03 for the purpose of holding of election of delegates, the Assistant director of Fisheries has committed grave error of law.

(3.) LEARNED Counsel for the petitioners invited the attention of this Court to an orderdated 15. 10. 03 in Dispute Case No. 1/03-04 wherein, it has been held by the Director of Fisheries and ex-officio Additional Registrar of Co-operative Societies, West Bengal that election of Board of Directors of the said society held on 13. 2. 03 was bad in law and void and that the Board of directors of the Board elected on 13. 2. 03 would have to vacate office forthwith, and pre-election status quo was directed to be restored for holding fresh election in terms of the statutory provisions governing the field. He further submitted that since the said order of the Directors of Fisheries has not been set aside and is still effective, the purported guidelines framed by the board in its meeting held on 21. 9. 03 cannot survive and therefore the Additional director of Fisheries while issuing the impugned notice could not have direct that the said guidelines would be followed. He also questioned the stipulation in the notice that casting of votes would be by raising of hands. According to him, polling ought to be conducted on the basis of secret ballots and, therefore, if any election is held in terms of the impugned'notice, the same would be absolutely illegal and dehors the statutory provisions. He, accordingly, prayed for extension of the interim order of stay.