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.

JUDGMENT

Sabyasachi Bhattacharyya, J. - The writ petitioner is a member of the respondent no.6-Society and was elected on August 29, 2014 as one of the Directors of the Board of Directors of the Society. The term of the said Board, which included the petitioner, expired in accordance with law after five years, that is, on August 28, 2019. Since, during the tenure of the petitioner and his board, the election of the Society could not be completed by the Authorities as mentioned in Section 36 of the West Bengal Co-operative Societies Act, 2006 (hereinafter referred to as 'the 2006 Act'), a Board was nominated by the Registrar of the Co-operative Societies, the tenure of which was further extended for tenures of six months each from time to time, lastly till August, 2021.

2. It is argued that, due to the pandemic situation, the election could not be held prior to August, 2021. It is relevant to mention that the nominated Board also comprised of the petitioner and the erstwhile Board members. However, the further extension sought by the Chairman of the nominated Board by a letter dated August 5, 2021 was turned down by the Registrar of Co-operative Societies, West Bengal. Accordingly, the petitioner and the other Directors vacated their respective offices on August 29, 2021.

3. After August 29, 2021, the respondent-Authorities did not extend the tenure of the earlier elected Board, nor took any steps for holding elections of the Co-operative Society.

4. It is contended that videthe impugned notification dated March 7, 2022, after a gap of seven months, the Deputy Secretary, Co-operation Department, Government of West Bengal appointed a Board of Administrators by selecting some members of the Society, who are the private-respondents herein.

5. The said Board of Administrators was entrusted with the regular management and affairs of the Society.

6. It is contended that Section 35 of the 2006 Act envisages appointment of one person as Administrator, and not a Board of several persons.

7. Secondly, it is argued that no specific reason was disclosed in the impugned notification, as contemplated under Section 35 of the 2006 Act.

8. Thirdly, in the notification itself, the operation of Section 35 was first exempted but subsequently applied again, which is inherently contradictory.

9. It is next contended that the proper legal recourse available to the Authorities was appointment of a Special Officer under Section 36 and not appointment of Administrator under Section 35 of the 2006 Act.

10. By placing reliance on the impugned notification (annexure P-4 at page 31) dated March 3, 2022, it is submitted that the Board of Administrators were not State Government employees, as contemplated in the definition of 'officer' as defined in Section 4(47) of the 2006 Act. Moreover, the Board of Administrators was illegally appointed to manage the affairs of the Society for a period of six months with effect from the date of issuance of the notification,that is, March 3, 2022. Hence, it is argued that the said Board will have direct access to the electoral process of the Co-operative Societies, even if held under the aegis of the Co-operative Election Commissioner.

11. Learned counsel appearing for the respondent nos. 1 to 3 contends that the petitioner allowed several extensions of nominations of the Board comprised of the same members whose tenure had expired, including the petitioner. As such, the petitioner is estopped now from urging that recourse to Section 36 ought to have been taken at the point of time when the stipulated period under the said Section expired after their election.

12. That apart, the tenure of the Board expired as long back as on August 29, 2019, that is, five years after the election of the erstwhile Board on August 29, 2014 under Section 29(5)(a) of the 2006 Act. It is submitted that the election is the first priority for the Co-operative Society, in the interest of the welfare of the Society itself and already an ARO has been appointed