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2012 Supreme(Cal) 98

BISWANATH SOMADDER
Bashirhat Sardarati Tantubay Samabay Samity Limited – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
Pabitra Chandra Bhatacharya, Kallol Bose, Subrata Santra, Sudhindra Nath De, Arnab Ray, Ashok Banerjee, Asim Kumar Ganguly

JUDGMENT

1. AFFIDAVIT of service filed in Court today be kept on record.

2. THE petitioner No. 1 is a co-operative society of which the petitioner No.2 is its Secretary. In the instant writ petition serious allegations have been made with regard to bogus delegates whose names appear in the voters' list for the purpose of electing a Board of Directors for the apex co-operative society, i.e., West Bengal State Handloom Weavers' Co-operative Society Ltd. (for short, referred as Tantuja)

3. IT appears that the Registrar of Co-operative Societies, West Bengal, by an order dated 21st April, 2011, appointed a Special Officer in terms of section 31(c) of the West Bengal Co-operative Societies Act, 1983, following an order passed by this Court dated 17th March, 2011, in another writ petition, being WP 4608 (W) of 2011.

4. IT has been specifically submitted by the learned advocate representing the petitioners that the West Bengal Co-operative Societies Act, 1983, was repealed and replaced by the West Bengal Co-operative Societies Act, 2006, with effect from 18th January, 2011. As such, there was no question of a Special Officer being appointed under an Act which was no longer in force.

5. ON















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