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IN THE HIGH COURT AT CALCUTTA
RAJA BASU CHOWDHURY
Shyamal Kumar Singha – Appellant
Versus
Registrar, Cooperative Societies – Respondent
| Table of Content |
|---|
| 1. background of the writ petition. (Para 1) |
| 2. history of prior orders and complaints. (Para 2 , 3) |
| 3. arguments around jurisdiction and complaint. (Para 4 , 5 , 6 , 7 , 8 , 9) |
| 4. court's view on the complaint and election dispute. (Para 10 , 11) |
| 5. exceeding authority of the registrar. (Para 12 , 13 , 14) |
| 6. direction to resolve disputes through cooperative election commission. (Para 15 , 16 , 17) |
| 7. final order and resolution of the case. (Para 18 , 19) |
JUDGMENT :
RAJA BASU CHOWDHURY, J.
1. By an order dated 8th July, 2025 at the interim stage, this Court was, inter alia, pleased to pass the following order.
“Challenging the order dated 26th June, 2025 issued by the Assistant Registrar of Co-operative Society, Cooperation Directorate, Nadia Range Office whereby the membership of the petitioners in the Board of Directors of the respondent No. 3 had been declared to have been seized under Rule 44 of the West Bengal Cooperative Societies Rules, 2011 (hereinafter referred to as the “said Rules”), the instant writ petition has been filed.
The matter has a chequered history. By an order dated 6th September, 2024 the Assistant Registrar of Cooperative Societies, Corporation Direc
The Assistant Registrar of Cooperative Societies lacks jurisdiction over election disputes, which must be adjudicated by the Cooperative Election Commission per the relevant regulations.
Election disputes cannot be entertained prior to election completion as per relevant statutory provisions, invalidating earlier proceedings.
The Registrar's disapproval of the AGM/Election was arbitrary and lacked proper reasoning, violating the principles of natural justice.
The Deputy Registrar must consider justifications for delays in lodging election expense accounts before issuing disqualification orders, and the authority to disqualify ultimately lies with the Regi....
The Assistant Registrar lacks jurisdiction to adjudicate on the validity of elections under the Societies Registration Act, 1860, and any disputes must be referred to the prescribed authority under S....
In cooperative society elections, zones formed by membership serial numbers when contiguity undiscernible; Article 226 permits directing membership verification for fair polls despite delays and reme....
The main legal point established in the judgment is the interpretation of the deeming clause for cessation of membership and the jurisdiction to adjudicate the issue of cessation of membership in the....
The annulment of cooperative society elections requires clear evidence of material irregularities affecting the election's outcome, with proportional measures aligned to the alleged violations.
The Registrar has jurisdiction over disputes between a cooperative society and its members, regardless of the member's capacity in relation to the dispute.
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