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IN THE HIGH COURT OF CALCUTTA
Subrata Talukdar, Krishna Rao, JJ.
Chandra Kanta Devi Kothari And Others - Appellant
Versus
Woodburn Park Cooperative Housing Society Limited And Others - Respondent
IA No. GA/6/2021, APO No. 101 of 2015, WPO No. 813 of 2013
Decided On : 29-04-2022
Cooperative Housing Society - Management Dispute - West Bengal Co-operative Societies act, 2006, Rules 2011, and Election Commission Rules 2017
Fact of the Case:
The case involves a dispute over the management of a cooperative housing society, including the election of a new Board of Directors and the role of a Special Officer appointed by the court. The appellants, claiming to be original contributory members, sought recognition of their membership, which was upheld by an arbitrator and the Cooperative Tribunal. The new Board of Directors, represented at the hearing, recognized the appellants' membership upon audit of the society's records.
Finding of the Court:
The court found that elections had been held and approved, replacing the previous Board of Directors. It held that complaints regarding the new Board's election, constitution, and functions could be addressed internally or brought before statutory authorities. The court emphasized the need to respect the orders of the courts and permitted the new Board to function in accordance with the law, while allowing the objectors to raise their grievances before the appropriate forum.
Issues: Dispute over the recognition of membership, election of the new Board of Directors, and objections raised by the objectors regarding the management of the society.
Ratio Decidendi: The court emphasized the importance of respecting the orders of the courts and permitted the new Board to function in accordance with the law, while allowing the objectors to raise their grievances before the appropriate forum.
Final Decision: The appellants were allowed to withdraw their appeal, and the case was disposed of. The new Board was permitted to discharge its functions in accordance with the law, and the objectors were entitled to raise their grievances before the appropriate forum.
JUDGMENT
Subrata Talukdar, J. - This appeal pertains to the affairs of a cooperative housing society namely, the Woodburn Park Cooperative Housing Society Limited (for short the Society or the said Society). The appellants claim to be the original contributory members of the said Society. The appellants trace their link to the said Society from the date of its inception.
Disputes having arisen connected to the management of the affairs of the said Society, a Special Officer, who is a Learned advocate of this Court, was appointed. Subsequently, with the election of a new Board of Directors (BoD) of the said Society, the Special Officer has handed over charge to the new BoD.
The new BoD is represented at the hearing today. The members of the erstwhile BoD are also represented and have applied to be added as party respondents to this appeal by filing Ga 6 of 2021. The election of the new BoD and the role of the Special Officer is opposed by the applicants in Ga 6 of 2021. The applicants also oppose any settlement of rights qua the present appellants by the new BoD. The Department of Co-Operative affairs, Government of West Bengal, has affirmed the election of the new BoD of the said Society.
The circumstances leading to the election of the new BoD and the stand of each of the abovementioned participants claiming to be connected to the said Society, are reflected from several orders of the Hon'ble Courts passed from time to time. Such Orders are illustratively and chronologically placed below for a biopic view:-
'11.12.2019 W.P. No. 21596 (W) of 2019
The short issue before this Court is the conduct of Election by the Co-operative Election Commission, to elect a Board of Directors to the Woodburn Park Co-operative Housing Society Limited.
It is submitted that a Special Officer being an advocate of this Court, one Mr. Partha Sarathi Pal, has been nominated in place of the Board of the Society, to functioning until Election process is completed thereat, has been appointed by the Governor.
The petitioner no.3, in whose custody certain documents relating to the Society are available, shall hand over the same to the Special Officer within a period of 48 hours.
Due receipt after an inventory shall be given by the Special Officer in this regard.
The petitioners do not have any objection to the eight persons, who have sought intervention in the writ application, to be added as party respondents to the instant proceeding.
The six persons represented by Mr. Siddhartha Mitra, learned Senior advocate and two persons represented by Mr. Sunil Singhania, learned advocate are added as party-respondents to the instant writ application. a copy of such writ petition had already been served on them.
It is submitted that total 13 persons, some of whom are not the petitioners, are entitled to claim Membership of such Society.
Due regard shall be had to the orders passed by the Registrar of the Society, this Court and the Hon'ble Supreme Court of India before preparing a list of members to be circulated amongst all the parties.
Once the list of members are settled, the same shall be handed over to the Returning Officer in terms of the act being the Deputy Registrar of Co-operative Societies, (KMaH).
The Returning Officer shall follow the Election process as stipulated in the 2006 act and the 2011 Rules as also the provisions of the West Bengal Co-operative Election Rules.
The Election process shall mandatorily be completed within a period of two months from date. all the parties are expected to co-operate with the Special Officer as also one and another so that the Election to the Board is held without an hindrance.'
'11.03.2020 W.P. 21596(W) of 2019 with CaN 1482 of 2020
..............
The instant application has been filed by the Special Officers alleging non-cooperation and hence the order dated 11.12.2019 could not be complied with.
allegations are also flung by the writ petitioners against the Special Officers and vice versa. This court, at this stage, does not wish
AI
Respect for court orders and the right to raise grievances before the appropriate forum in accordance with the law.
The main legal point established in the judgment is the validity of the appointment of a Board of Administrators for a Co-operative Society under the West Bengal Co-operative Societies Act, 2006.
The Assistant Registrar of Cooperative Societies lacks jurisdiction over election disputes, which must be adjudicated by the Cooperative Election Commission per the relevant regulations.
The main legal point established in the judgment is the requirement for legally tenable reasons for superseding a validly elected Board of Directors and the importance of compliance with election rul....
Election disputes cannot be entertained prior to election completion as per relevant statutory provisions, invalidating earlier proceedings.
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