The Assistant Registrar of Cooperative Societies lacks jurisdiction over election disputes, which must be adjudicated by the Cooperative Election Commission per the relevant regulations.

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 Directorate, Nadia Range Office by invoking the powers under Rule 44(1)(e) of the said Rules, had declared the cessation of the membership of the petitioners from the respondent no.3 (in short “said society”). Being aggrieved the petitioners had filed a writ petition before this Court which was registered as WPA 23428 of 2024. By an order dated 17th January, 2025, a Coordinate Bench of the Court was of the view that even in case of cessation of membership having regard to Rule 44(1)(e) of the said Rules, it is essential that the individual concerned is given opportunity of being heard. Further noting that an election of an elected board member can only be challenged on the ground of invalidity of the nomination under the provisions of Regulation 3(35) of the West Bengal Cooperative Election Commission Regulations, 2012 (hereinafter referred to as the “said Regulation”) had set aside the order dated 6th September, 2024.

Being aggrieved the complainant appears to have approached the Division Bench of this Court. By an order dated 13th March, 2025, the Division Bench of this Hon’ble Court without going into the issue as regards the jurisdictional authority of the Assistant Registrar of Cooperative Society to determine dispute in question by keeping such issue open to be decided by him, had directed the Assistant Registrar of Cooperative Societies to decide all issues raised before him upon affording reasonable opportunity of hearing to the parties. It was further made clear that the aforesaid order should not be construed to be vesting jurisdiction on the Assistant Registrar of Cooperative Societies with the authority to decide such issue if, he does not possess such jurisdiction.

Since then, upon giving an opportunity of hearing to the petitioners by an order dated 26th June, 2025, the Assistant Registrar of Cooperative Societies as noted above while holding that it had the jurisdiction to decide the cause, declared that the petitioners have seized to be the board of directors of the society under Rule 44 of the said Rules and accordingly had directed the cooperative society to take steps in accordance with law. Although, three separate orders have been passed, the orders have been challenged by filing a composite writ petition. Mr. Ghoshal, learned Sr. Advocate appearing for the writ petitioner would submit that it is beyond the competence of the Assistant Registrar of Cooperative Societies to examine the dispute of the nature since according to him the aforesaid is an election dispute within the meaning of Regulation 3(35)(1) of the said Regulation. He would submit that the Assistant Registrar of Cooperative Societies by the order impugned had mechanically recorded that he has jurisdiction notwithstanding in law he had no jurisdiction to decide on such disp