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IN THE HIGH COURT AT CALCUTTA
REETOBROTO KUMAR MITRA
Susanta Mondal – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. removal from board procedures (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. arguments regarding statutory compliance (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 3. court's analysis on statutory provisions (Para 14 , 15 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 26 , 27 , 28 , 29 , 30) |
| 4. validation of the resolution (Para 31) |
| 5. dismissal of writ petition (Para 32 , 33 , 34) |
JUDGMENT :
REETOBROTO KUMAR MITRA, J.
1. The petitioners are aggrieved by the mode and manner of their removal from the Board of the respondent no. 3.
2. The petitioners were all members of a duly elected Board of the respondent no. 3. The petitioners have been removed from the Board by way of a resolution dated October 19, 2025, requisitioned by the 32 delegates which includes the Board members.
3. Pursuant to such requisition, a general meeting was called upon due to the notice to the petitioners on September 11, 2025.
4. A meeting was held on October 19, 2025, in which the resolution (29 in favour and 12 against), to remove the petitioners from the Board of Directors of the respondent no. 3, was adopted. The petitioners were present in the meeting and had also cast their vote against the resolution.
5. Pursuant to such re
Removal of Board members under the West Bengal Cooperative Societies Act, 2006 is valid if procedures align with statutory requirements, even if not objection raised at the meeting.
The court establishes that the removal of a co-opted member from a cooperative society must adhere to Rule 43-A, failing which any subsequent actions are void.
The President's presence was not essential in the special meeting for a motion of no confidence, and the calculation of majority was clarified by the court.
The enforcement of a no-confidence motion against a managing committee is valid under the Kerala Co-operative Societies Act, despite the absence of specific procedural rules, reinforcing the democrat....
A Motion of No Confidence against a Managing Committee member must be considered by the Committee itself, not the Electoral College, as per the Maharashtra Co-operative Societies Act.
A Motion of No Confidence against a member of the Managing Committee must be considered and voted on by the Managing Committee itself, not by the Electoral College.
Mere fact that the motion for no-confidence was passed pending the writ petition would not stand in the way of this Court considering the challenge against the validity of the convening of the Specia....
The Registrar's power under Section 38(1) of the Act of 1965, the distinction between Section 38 and Rule 454, and the requirement of notice and principles of natural justice in the context of the Re....
Rule 43 of 1971 Rules provides as removal, expulsion etc. of Chairman, Committee-members and other elected officers.
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