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1988 Supreme(Cal) 473

NIRENDRA KRISHNA MITRA
Chittaranjan Chakraborty – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
Dr. Debi Pal and Mr. Krishna Dulal Mukherjee for the Petitioners
Mr. Milan Bhattacharyya for the Respondents

JUDGMENT

1. The short point involved in this case is whether the impugned Notification as contained in Memo No. 14524/2 dated 23.9.87/9.10.87 (Annexure 'F'), issued by the Respondent No.3 purportedly under the West Bengal Co-operative Societies Act, 1983 is valid and legal.

2. The facts of the case, inter alia, are that the petitioners were Directions of Midnapore District Wholesale Consumers' Cooperative Society Ltd., namely, the Respondent No.6 and they were so elected at the Annual General Meeting of the said Society held on 19th December, 1982. When the said meeting was held and the petitioners were elected as the directors of the said society, the West Bengal Co-operative Societies Act, 1973 was in force. Under sub-section (1) of section 21 of the said Act, it was incumbent upon every Co-operative Society to hold the Annual General Meeting of the Society at least once in every co-operative year, inter alia, for the purpose of electing members of the Managing Committee, other than members Dominated under section 28 of the said Act, and such other officers as might be provided in the bye-laws of the Society. Sub-section (2) of the said section 21 provided that such meeting should









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