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2012 Supreme(Cal) 914

BISWANATH SOMADDER
Nikhil Chandra Deb – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: Tarun Roy, Ashit Kumar Chakraborty, Subhajit Panja and Arnab Roy
For Respondents/Defendant:Sailaja Nanda Bhattacharya and Mojnu Sk. for the Respondent Nos. 1 to 3, Ashok De, Srimanta Dutta and Himadrisekhar Chakraborti for the Respondent Nos. 7, 9 & 10 and Malay Kumar Basu and Indranil Nandi for the Nos. 11 to 17

JUDGMENT

Biswanath Somadder, J.

1. Affidavit of service filed in Court today be kept on record. The petitioners claim to be members and shareholders of cooperative society named, "Observance Co-operative Housing Society Limited (hereinafter referred to as the Society). According to the petitioners, they were elected as Directors in the Board of the Society in an Annual General Meeting held on 16th October, 2011. They have now approached this Court challenging an order dated 28th August, 2012, issued by the Registrar of Co-operative Societies, West Bengal, invoking the provisions of Section 34 of the West Bengal Co-operative Societies Act, 2006.

2. The main thrust of the writ petitioners' case is two-fold. According to them, the provision of Section 34 of the West Bengal Cooperative Societies Act, 2006, has to be exercised by the Registrar of Co-operative Societies on his own and not at the behest of the Government of West Bengal, which the Registrar, in fact, has chosen to do while rendering the impugned order dated 28th August, 2012. The other contention of the petitioners is that although they were duly elected as members of the Board in an Annual General Meeting held on 16th Octobe








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