Calcutta High Court (Appellete Side)
‐ vs ‐ on 2 December, 2014
Author: Debasish Kargupta
Bench: Debasish Kargupta
1
02.12.2014.
rc
W.P. No. 30118(W) of 2014
Ardhendu Bikash Patatunda
‐Vs‐
The State of West Bengal & Ors.
Mr. P.C.Bhattacharjee
Mr. Manas Ghosh ... For the Petitioner
Mr. S. Dasgupta .. For the Respondent No.,34&5
Mr. Sadhan Roy Chowdhury .. For the State Let the affidavit of service be kept on record.
This writ application is filed by the petitioner assailing a notice issued by the Secretary of Kushmandi Agricultural Co‐Operative Marketing Society Limited under Memo No. GEN/1/2014/63/(25) dated October 29, 2014. By virtue of the impugned notice fixed a date of Special General Meeting of the above Co‐Operative Society is schedule to be held on November 29, 2014 on the basis of a requisition initiated by 14 delegates of the above Co‐Operative Society for moving a motion of "No Confidence" against the present Board of above Co‐Operative Society. According to the petitioner, it was received by the Chairman of the respondent no. 3 on September 22, 2014.
The grievance of the petitioner is violation of the provision of sub‐section (2) of section 31 of the West Bengal Co‐Operative Societies Act, 2006.
Before entering into the merits of this case a preliminary objection raised by Mr. Sadhan Roy Chowdhury, learned senior Government advocate, appearing for the State‐respondents, with regard to the maintainability of this writ application. It is submitted by Mr. Roy Chowdhury that the proper forum to agitate the grievance of the petitioner is to raise a dispute before the Registrar in accordance of 2 the provision of section 102 of West Bengal Co‐Operative Societies Act, 2006 considering the nature of dispute between the parties.
It is not in dispute in this writ application that the subject‐matter involved in this case is to issue a notice fixing the date of special general meeting of the above Co‐Operative Society beyond the period of two months from the date of receipt of motion initiated by 14 delegates of the above Co‐Operative society on November 29, 2014 in violation of the provisions of sub‐section (2) of section 31 of the West Bengal Co‐operative Societies Act, 2006.
Upon prima facie consideration of the provisions of sub‐section (2) of section 31 of the West Bengal Co‐Operative Societies Act, 2006, I find substance that that the petitioner has made out a prima facie case of violation of the statutory provision. Therefore, the provision of section 102 of the West Bengal Co‐Operative Societies Act, 2006 cannot stand in the way in case of exercise the extra‐ordinary writ jurisdiction by a Court to examine the propriety of the above allegation of violation of the statutory provision.
In view of the above, the preliminary objection raised by Mr. Roy Chowdhury is rejected.
It is submitted by Mr. Dasgupta, learned advocate appearing for the respondents no. 3,4 and 5, that the above meeting has already been held on the basis of the impugned notice.
Let affidavit‐in‐opposition be filed within December 16, 2014; affidavit‐in‐reply thereto, if any, be filed by December 24, 2014.
Let this matter appear in the monthly combined list of January, 2015 before the appropriate Bench under the heading "Hearing".
In view of the fact that the above special general meeting has already been held, there is no scope to pass any interim order at this stage. However, the impugned action of the respondents shall abide by the result of this case.
( Debasish Kar Gupta, J. ) 3