Sanatan Biswas & Anr vs The State Of West Bengal & Ors on 16 March, 2021

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Calcutta High Court (Appellete Side)

Sanatan Biswas & Anr vs The State Of West Bengal & Ors on 16 March, 2021

Bench: Arindam Mukherjee

16.03.2021          IN THE HIGH COURT AT CALCUTTA
 Sl. No.2          CONSTITUTIONAL WRIT JURISDICTION
    (PP)                   APPELLATE SIDE

                          (Via Video Conference)

                           WPA 20015 of 2019

                         Sanatan Biswas & Anr.
                                   Vs.
                     The State of West Bengal & Ors.

                 Mr. Uttam Kumar Bhattacharya,
                 Mr. Kaustav Mishra
                                          ....for the petitioners.
                 Mr. Raja Saha,
                 Mr. Amit Kr. Ghosh
                                               ....for the State.

                 Mr. Shamit Sanyal
                               ...for the respondent nos.7, 8 & 9.

The petitioners claim to be the elected members of the Board of Panditpur Samabay Krishi Unnayan Samity Limited (hereinafter referred to as the said samity), being the respondent no.6 in the instant writ petition. The said respondent no.6 is a registered coopertive society and as such functions under the Cooperative Societies Act, 2006 and the rules framed thereunder. The petitioners say that pursuant to the general election of the said samity by a resolution dated 9th October, 2017, one Bidhan Ghosh and the respondent no.8 were respectively appointed as the Secretary and the Chairman of the said samity. Appointment of the respondent no.8, according to the petitioners, was in violation of the provisions of Section 32(6) of the West Bengal Cooperative Societies 2 Act, 2006 (hereinafter referred to as the said Act). Subsequently, Bidhan Ghosh was removed and in his place and stead, the respondent no.9 was appointed as the Secretary of the said samity. The appointment of the respondent no.8, according to the petitioners, is also in violation of the provisions of Section 32(6) of the said Act. The petitioners say that they have made several representations to the concerned Assistant Registrar of Cooperative Societies (ARCS), but the same remain unadhered to. The petitioners ultimately filed the instant writ petition in 2019. The elected board of the said samity, with the efflux of three years' time period from October, 2017, cannot any longer function as the elected board. The question of the respondent nos.7, 8 and 9 being appointed in violation of the provisions of Section 32(6) of the said Act has now become an issue of academic interest.

The Cooperative Election Commission with the aid and assistance of the respondent nos.2, 3 and 4, as may be required under the law, shall hold the general election of the respondent no.6 under the provisions of Section 96(4) of the said Act as expeditiously as possible but not later than 31st July, 2021. The election so to be conducted shall be strictly in accordance with the prevailing law and the bye-laws of the respondent no.6.

Nothing further remains to be adjudicated in this writ petition. The same is disposed of accordingly without any order as to costs.

Since I have not called for any affidavits, allegations made in the writ petition are deemed to have not been admitted.

Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertakings.

(Arindam Mukherjee, J.)

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Calcutta High Court (Appellete Side)