Calcutta High Court (Appellete Side)
Asit Kumar Roy Choudhury vs Union Of India & Ors on 17 March, 2017
Author: Samapti Chatterjee
Bench: Samapti Chatterjee
1
2017
W.P. 5921(W) of 2017
Asit Kumar Roy Choudhury
Vs.
Union of India & Ors.
Mr. Malay Kumar Roy
... For the Petitioner.
Mr. Saptngsu Basu,
Mr. Ayan Banerjee,
Mr. Debarsree Dhamali
... For the Respondent Nos. 4-5.
Mr. Benoy S. Sinha Roy ... For the Respondent Nos. 1 & 2.
Mr. Srijan Nayak, Mr. Raja Saha ... For the Respondent No.3.
Affidavit-of-service filed in court today be kept on the record. The petitioner files the present writ petition for a direction upon the respondent authorities especially the respondent No.2, to appoint Administrator/Special Officer for taking over charge of the Board of Eastern and North East Frontier Railway Co-operative Bank Limited to call for the election of the delegates and thereafter form the Board of Directors amongst the newly elected delegates within three months from 5th March, 2017. Mr. Bose, learned senior Advocate appearing for the respondent Bank submits that earlier election of the said Co-operative Bank was held by an order of the Hon'ble Division Bench thereby appointing the learned Advocate for both the parties as the Special Officers to conduct the election within a stipulated time. Therefore, Mr. Bose prays that court may appoint learned Advocates from 2 both the parties to conduct the election as has been done earlier pursuant to the Hon'ble Division Bench order.
Mr. Roy, learned Advocate who is appearing for the present writ petition submits that he has no objection, if court appoints learned Advocates as the Special Officer to conduct the election of the Co-operative Bank. Mr. Roy further submits that time schedule may be fixed for conducting the election of the said Co-operative by this Hon'ble Court.
Considering the submission as advanced by the learned Advocate appearing for the parties and after perusing the records and as suggested by the parties, Mr. Kishore Mukherjee, Mr. Pritam Choudhury, the learned Advocates and Mr. Ayan Banerjee, assisting learned Advocate appearing for the respondent Nos. 4 to 5 are appointed as the Special Officers to hold the election of the Eastern and North East Frontier Railway Co-operative Bank Limited whose tenure is going to be expired on 5th March, 2017, to reconstitute the Board as per the provisions of Multi-State Co-operative Societies Act, 2002 within six months. The outgoing Board will co-operative with the Special Officers in all respects to complete the election within the time stipulated by the court.
The respondent Nos.4 to 5 are restrained from taking any policy decision and/or incurring any capital expenditure till the formation of the new Board on the basis of the election but they will be allowed to incur day to day expenditure. Let the matter appear in the list after six moths when the Special Officers will submit their report regarding holding of election of the said Co-operative Bank. 3
Each of the Special Officers will be entitled to receive remuneration of Rs. 1,000/- G.Ms. per month till the completion of the election. The existing Board will make necessary payment towards the aforesaid remuneration of the Special Officers and also other expenses to be incurred by the said Special Officers for the purpose of holding the election. Needless to mention, the Special Officers are at liberty to take the necessary Police assistance of the concerned Police Station for conducting the election, if required.
Urgent photostat certified copy of this order, if applied for, be given to the parties on priority basis.
( Samapti Chatterjee, J. ) s