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IN THE HIGH COURT OF CALCUTTA
Sahidulah Munshi, J.
Balurghat Law College Society & Anr. - Petitioners
Versus
The State of West Bengal & Ors. - Respondents
W.P. No. 37441(W) of 2013
Decided On : 16-01-2014
For the Petitioners:Saptangshu Basu and Subhobrata Das, Advocates
For the Respondent No. 5:Amalesh Roy and Mousumi Bhawal, Advocates
For the Respondent No. 4:Tanoy Chakraborty, Advocate
For the State :Sadananda Ganguly and Saikat Chatterjee, Advocates
For the Respondent Nos. 2 and 3:Dr. Madhusudan Saha Roy, Advocate
A separate writ petition is maintainable to enforce compliance with an earlier Order of the Court, without resorting to contempt proceedings.
Headnote:
SOCIETIES REGISTRATION ACT - SECTION 19 - MAINTAINABILITY OF WRIT PETITION - APPOINTMENT OF ADMINISTRATOR - EXTENSION OF TERM - NON-COMPLIANCE OF COURT ORDER - POWER OF UNIVERSITY TO EXTEND ADMINISTRATOR'S TERM - INTERPRETATION OF STATUTES AND RULES - INTEREST OF STUDENTS AND INSTITUTION - WRIT PETITION MAINTAINABLE - EXTENSION ORDER QUASHED - FRESH ELECTION TO GOVERNING BODY DIRECTED WITHIN 3 MONTHS.
Fact of the Case:
Balurghat Law College Society filed a writ petition challenging the unauthorized act of an Administrator appointed by the Court in an earlier writ petition. The Administrator was directed to hold fresh elections for the governing body within 6 months but failed to do so. The University and the Administrator raised preliminary objections to the maintainability of the writ petition on the grounds of registration and the authority to file or defend a suit or proceeding.
Finding of the Court:
The Court held that the writ petition was maintainable as the Petitioner No. 1 was the society represented by its Secretary. The Court also held that the Administrator, Respondent No. 5, was bound to hold the election as per the direction contained in the earlier Order dated 17th October, 2012, passed in W.P. No. 20654(W) of 2012. The Court further held that the Order extending the Administrator's term was violative of the earlier Order and was liable to be quashed.
Issues: 1. Maintainability of the writ petition. 2. Whether the Administrator was bound to hold the election as per the direction contained in the earlier Order dated 17th October, 2012. 3. Whether the Order extending the Administrator's term was valid.
Ratio Decidendi: 1. The writ petition was maintainable as the Petitioner No. 1 was the society represented by its Secretary. 2. The Administrator was bound to hold the election as per the direction contained in the earlier Order dated 17th October, 2012. 3. The Order extending the Administrator's term was violative of the earlier Order and was liable to be quashed.
Final Decision: The Court disposed of the writ petition by modifying the impugned Order dated 13th August, 2013, to the extent that the Administrator was directed to take all steps for reconstitution of the governing body following the rules and statutes of North Bengal University and to hold fresh election to the governing body as expeditiously as possible but, positively before expiry of 3 months from the date of communication of this Order.
Sahidulah Munshi, J.
The present Writ Petition has been filed by Balurghat Law College Society, registered under the West Bengal Societies Registration Act, 1961, containing Registration No. S/LE/2694 of 2000-01, represented through its secretary and another. The writ petitioners said to be aggrieved and dissatisfied with the unauthorized act of an Administrator who was appointed by this Court by an Order dated 17th October, 2012, passed in W.P. No. 20654(W) of 2012. The said Writ Petition was also filed by the present petitioner, Balurghat Law College Society, containing Registration No. S/LE/2694/2000-01. The said Writ Petition arose concerning a dispute over legitimacy of the 'governing body' which was then functioning at the Balurghat Law College affiliated to Gourbanga University. Considering the submission made on behalf of the University that life of a governing body of the College being 4 years as per University statute, fresh election was required to be held for constitution of a governing body afresh. Considering the fact that the governing body which was constituted in the year 2006 outlived its statutory tenure and since there was no law permitting to extend the term of the tenure of the said body, this Court directed the Vice-Chancellor of the University to appoint an Administrator to the Balurghat Law College. The Administrator was also directed to take immediate steps for reconstitution of the governing body following the applicable rules of the University as well as the rules of the society who have formed the college. Fresh election to the governing body was directed to be held within a period of 6 months from the date of communication of the said Order. The Administrator was further directed to ensure that the college runs properly and no prejudice is caused to any of the students and further that there was proper disbursement of salary and emoluments to the teaching and non-teaching staff of the college. The Administrator was also directed to take appropriate steps for day-to-day affairs of the college. It is alleged that although in compliance of the said Order an Administrator had been appointed by the University but the Administrator has not been able to conduct the election as directed by this Court. The learned Advocates appearing for the University and the Administrator have raised preliminary objection with regard to the maintainability of the Writ Petition on two grounds, namely,
1. That from the Registration Certificate issued by the concerned authority, it appears that the Registration No. refers to Balurghat Law College but not Balurghat Law College Society and
2. According to the Society Registration Act, only the Secretary or President of the Society is empowered to file or defend a suit or proceeding.
2. On behalf of Respondent No. 5, the Administrator, it was submitted that the Writ Petition is not maintainable almost on the identical grounds as raised by the University. In support of the submission that the Writ Petition is not maintainable, both the University and the Administrator filed their respective written notes of arguments which contains not only the question of maintainability but also the submission on merit of the Writ Petition.
3. I have perused the short-notes filed on behalf of the Respondent Nos. 2 and 3, namely, the University Authorities and it has been pointed out that the name of the petitioner as mentioned in the earlier Writ Petition was described as Balurghat Law College. The particulars as mentioned in the earlier Writ Petition of the petitioners are as follows:
1. Balurghat Law College, a society registered under Society Registration Act vide No. S/LE/2694/2000-01 represented by its Secretary, Post Office Balurghat, district - Dakshin Dinajpur.
2. Bidyut Kumar Roy, son of Shri Shyamal Kumar Roy presently residing at North Chakbhabani Post Office & Police Station Balurghat, District - Dakshin Dinajpur ...Petitioners.
In the present Writ Petition, the written particul
