CHANDRA NATH CHATTERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner in W.P. No.22248(W) of 2005 dated October 14, 2005 claims that he is a member of Ranaghat Peoples' Bank Limited, a co-operative society within the meaning of the provisions, of the West Bengal Co-operative Societies Act, 1983. The petitioner in W.P. No.3172(W) of 2006 dated February 7, 2006 has made a similar claim. The person who took out CAN No.759 of 2007 in W.P. No.22248(W) of 2005 is claiming that he is also a member of the society.

(2.) The petitioners in both the writ petitions and the person who took out the application for addition of party all are aggrieved by a notice dated September 4, 2005, annexure P6 at p.63 to W.P. No.22248(W) of 2005. The notice was issued by one Arun Kumar Ghosh stating that subject to decisions in the pending cases mentioned in the notice and according to a letter of the Assistant Registrar of Co-operative Societies, Nadia dated July 12, 2005 and the provisions of Rule 27 of the West Bengal Co-operative Societies Rules, 1987, he was publishing the election programme for constitution of board of the society.

(3.) The first question that has arisen is whether questioning the notice the petitioners in the two writ petitions could approach the writ Court. It is not disputed that questioning the notice they were at liberty to file appropriate dispute cases under section 95 of the Act before the Registrar of Co-operative Societies, West Bengal. It is not disputed either that in the dispute cases they could seek appropriate interim relief. The further undisputed position is that the person giving the notice dated September 4, 2005 has not given it in the discharge of his any statutory duties or obligations. The order stated to have been issued by the Assistant Registrar of Co-operative Societies, Nadia has not been questioned.