S.K. JALALUDDIN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The order under challenge before us has been passed in a writ petition being W.P. 14226(w) of 2017 filed by the writ petitioners challenging two orders passed by the Principal Secretary, Government of West Bengal and the Registrar Co-operative Societies, West Bengal, confirming the decision of the Co-operative Society to expel the petitioners.

(2.) All six petitioners are residents of Khowab Housing Co-operative Society Limited, a co-operative Society registered under the provisions of the West Bengal Co-operative Societies Act, 2006 (hereinafter referred to as 'the Society'). On the date of filing of the writ petition, the Society had a total of 48 members. The petitioners allege that they were required to pay certain amounts of money for obtaining a flat of a specified area, which according to the petitioners, was contrary to the decision approved in the Special General Meeting held in June 2013. In the writ petition, the petitioners have questioned the basis of increase in the price for allotment of flats and were finally aggrieved by the decision of the Society to expel them after they failed to pay the enhanced amount of money.

(3.) Mr. Milon Bhattacharya, learned Senior Counsel, appearing for the petitioners submits that the impugned order should be set aside since the petitioners were not given an opportunity of hearing by the Board of Directors of the Society. According to him, although the petitioners were present before the Registrar and participated in the hearing before him, no such opportunity was given to the petitioners before the Board of Directors decided to expel the petitioners from the Society. According to Mr. Bhattacharya, this is in violation of Rule 133 of the West Bengal Co-operative Societies Rules, 2011.