Sri Amitava Chowdhury Vs State of Wb through Additional Chief Secretary, Department of Co. Operation and Ors.

3. On behalf of the Respondent-State Ms. Saha Dutta, learned Additional Government Pleader has filed a copy of the instruction dated 04.12.2019, which is taken on record.

¶14

4. By filing the instant writ petition the writ petitioner has prayed for issuance of appropriate writ/writs against the respondent authorities commanding them to consider the representation of the writ petitioner dated 15.11.2021, a copy of which is annexed at Page No.58-71 of the instant writ petition.

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5. At the time of hearing, learned counsel appearing on behalf of the writ petitioner, at the very outset,

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¶17

took me to Page Nos.22-23 of the instant writ petition and submits that pursuant to a RTI the writ petitioner came to learn that the co-operative society as involved in the instant writ petition, namely, Nabajiban Co-operative Colony Ltd. is at present non-functional. It is argued further that from Page No.34 of the instant writ petition it would reveal that the Assistant Registrar of Co-operative Societies, North 24 Parganas, directed for election of the members of the said co-operative society and one, Shri Nihar Biswas, C.I. was appointed as Additional Returning Officer. It is submitted that it is the grievance of the writ petitioner who is the legal heir of a member of the said co-operative that despite issuance of such order dated 19.11.2019 the respondent authorities have not taken any step for conducting election and finding no other alternative the writ petitioner approached the respondent authorities by submitting a representation dated 15.11.2021 requesting them to take appropriate steps for formation/constitution of a valid and legal Board of Directors of the aforementioned co-operative but in vain.

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6. It is, thus, submitted that appropriate relief/reliefs may be directed to grant in terms of the prayers of the instant writ petition.

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Page 3 of 6

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7. In course of her hearing, Ms. Saha Dutta, learned Additional Government Pleader appearing for the Respondent-State, however, in her usual fairness submits that there cannot be any difficulty on the part of the respondent authorities to consider the representation of the writ petition. It is, however, submitted that for formation of Board of Directors of the aforesaid co-operative co-operation of the members of the said co-operative is very much necessary.

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8. At this juncture, if I look to the provision of section 35 of the West Bengal Co-operative Societies Act, 2006 (‘Act of 2006’ in short) it appears that section 35(1A) clearly mandates that in the event State is of the opinion that any Board has made persistent default or the constitution or function of any cooperative society has come to a stalemate or the Cooperative Election Commissioner has failed to conduct the election in accordance with the provision of the Act of 2006, the State Government by notification supersede the Board of Directors and shall appoint one of his officers to manage affairs of the co-operative society who shall be called the Administrator for the period specified in the said sub-section.

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9. Keeping in mind, the aforementioned legislative provision, if I look to factual aspects of this case it

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appears that sufficient materials have been placed before this Court that for some reason or other the functioning of the aforementioned co-operative society have come to stalemate situation. Materials have been placed before this Court that despite order passed by the Assistant Registrar of the Cooperative Societies, North 24 Parganas and despite appointment of an Additional Returning Officer, for some reason or other, the election of the Board of Members of the said co-operative was not held.

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10. In view of such, this Court while disposing the instant writ petition directs the Respondent No.6, Deputy Registrar of Co-operation, District North 24 Parganas, Department of Co-operative, Government of West Bengal, North 24 Parganas range, Samabaya Bhavan, 2^nd Floor, Banamalipur, District-North 24 Parganas, Kolkata-700124, to act in terms of section 35(1A) of the Act of 2006 by appointing one of his officers to manage the affairs of the Nabajiban Co-operative Colony Ltd. Such appointment shall have to be made by Respondent No.6 authority within 15 working days from the date of communication of the server copy of this order.

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11. The Administrator so appointed is directed to manage the function and affairs of the Nabajiban Co-operative Colony Ltd. and is further directed to

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take appropriate steps to conduct election for the Board of Members of the said society positively within 180 working days from the date of assumption of his office as Administrator.

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12. The time limits, as fixed by this Court, are peremptory and mandatory.

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13. Liberty is given to the learned advocate for the writ petitioner to communicate the server copy of this order to the Respondent No.6 authority forthwith, who is directed to act on the basis of the server copy of this order.

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14. Before parting with, this Court sincerely expects that the writ petitioner and other members of the co-operative shall render all co-operation and assistance to the Administrator so appointed in discharge of his duty and in holding the election of the Board of Members of the said co-operative society.

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15. Liberty is also given to the Respondent No.6 authority and/or Administrator to approach this Court in the event he finds difficulty in getting assistance from members of the co-operative society.

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16. With the aforementioned observation and direction, the instant writ petition is disposed of .

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17. Urgent Photostat certified copy of this order, if applied for, be given to the parties, on priority basis, upon compliance of all necessary formalities.

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(PARTHA SARATHI SEN, J.)

Sri Amitava Chowdhury v. State of Wb through Additional Chief Secretary, Department of Co. Operation and Ors.

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Sri Amitava Chowdhury v. State of Wb through Additional Chief Secretary, Department of Co. Operation and Ors.

Case brief

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