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2000 Supreme(Cal) 630

Dilip Kumar Seth
Asurali Paik – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
P. Bhattacharyya for the petitioners;
Fazlul Haque, K.N. Nabi for the respondents.

JUDGMENT

Dilip Kumar Seth, J.

By an order dated 10.5.2000 contained in Annexure 'P2' considering the interest of the members of the Asurali Paikpari S.K.U.S. Kolaghat, District Midnapore, the Board of Administrator was dissolved on the ground that the Board did not arrange election of the Board of Directors. The said notification was issued in exercise of the power conferred upon the authority by sub-section (2) of section 30 of the West Bengal Co-operative Societies Act, 1983. The learned advocate for the petitioners has taken a ground that the General Meeting was held on 10.10.95 and the Board is due to expire on 1st October, 2001. A meeting was held to elect a delegate for the annual general meeting of the apex body. The order was purported to have been issued as a notification. But there is nothing to show that the said order was ever notified or any notification was ever issued, though it relates to the exercise of the power conferred by sub-section (2) of section 30 of the W.B.C.S. Act, 1983. In the absence of notifications under sub-section (2) of section 30 of the W.B.C.S. Act, 1983, this notification issued by the Deputy Secretary, is void ab initio. Inasmuch as when the st






























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