S.B.SINHA, SATYA NARAYAN CHAKRABARTY
KRISHNA CHOWDHURY – Appellant
Versus
STATE OF WEST BENGAL – Respondent
( 1 ) THE only question which has been addressed to us and requires our decision is as to whether the provision of Sections 95 (5) and 95 (6) of the West Bengal Co-operative Societies Act (hereinafter referred to as the said Act) is mandatory or directory.
( 2 ) IN view of a pure question of law raised in this appeal, it is not necessary to consider the fact of the matter in details, suffice it to say that dispute having been raised by the respondent Nos. 6 to 8 (hereinafter referred to as the added respondents) as regards the legality or validity of an annual general meeting held for the purpose of election of office bearers in terms of Sec. 45 of the said Act, the same was referred by the respondent No. 9 to the respondent No. 3 as an Arbitrator. Reference was made on 30-12-94. The respondent No. 3 passed an Award on 23-11-95 which is contained in Annexure 'b' to the writ application. The writ petitioners/ appellants who were 8 in number and members of Baharal Fishermen Co-operative Societies Limited, filed a writ petition before the learned trial Judge and by reason of the impugned order dated 12-3-96 while directing the respondents to file affidavit in op
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