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1998 Supreme(Cal) 225

S.B.SINHA, KALYAN JYOTI SENGUPTA
SWAPAN KUMAR ACHARJYA – Appellant
Versus
SUBHAS CHANDRA BHATTACHARJEE – Respondent


Advocates Appeared:
Dinesh Chandra Nandi, Subhas Medda

S. B. SINHA, J, J.


( 1 ) ALTHOUGH I agree with the operative portion of the draft judgment of my learned brother Sengupta, J. keeping in view the importance of the question involved, I intend to add a few words of mine.

( 2 ) SECTION 31 of the West Bengal Co-operative Societies Act reads thus :-"section 31. Dissolution of the board in certain cases and appointment of special officer.- Notwithstanding anything to the contrary contained elsewhere in this Act or in any other law for the time being in force,- (a) the board of directors of any of the co-operative societies mentioned in the Fifth Schedule shall, if the election of its directors has not been held within a period of thirty-six months from the date of their election under sub-section (1) of Section 25, stand dissolved on and from the date immediately following the date of expiry of the said period; (b) with effect from the date of dissolution of the Board under clause (a), the directors thereof shall be deemed to have vacated their offices; (c) upon the dissolution of the board under clause (a), the Registrar shall, by notification, appoint a special officer for managing the affairs of the co-operative society and for maki





























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