SWAPAN KUMAR ACHARJYA Vs. SUBHAS CHANDRA BHATTACHARJEE

JUDGEMENT

(1.) Although I agree with the operative portion of the draft judgment of my learned brother Sengupta, J. keeping in view the importance of the question involved, I intend to add a few words of mine.

(2.) Section 31 of the West Bengal Co-operative Societies Act reads thus :-

(3.) The said provision contains a non obstante clause which is of wide amplitude. It not only overrides the provision of the said Act but also overrides the provision of any other for the time in force. Such a non obstante clause must be given its full effect. See decision of the Apex Court in the case of M. Venugopal v. Divisional Manager, L.I.C. reported in (1994) 2 SCC 323 : (AIR 1994 SC 1343).