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2025 Supreme(Online)(Cal) 3944

CALCUTTA HIGH COURT
Raja Basu Chowdhury, J
Hemanta Kumar Chakraborty – Appellant
Versus
The State of West Bengal – Respondent


Advocates:
For the Appellants/Petitioners: Mr. S.Sinha Roy
For the Respondents: Mr. Santanu Kr. Mitra, Mr. Subhabrata Das, Mr. Ankit Sureka, Mr. Biplab Das, Mr. P.S.Pal, Mr. Srijan Nayak, Ms. Rituparna Maitra

1. The instant writ petition has been filed, inter alia, praying for a direction upon the respondents to act in accordance with law and to permit the petitioner to act as an authorised signatory and conduct the affairs of the cooperative society as a high designated employee of the said society.

2. Having heard the learned advocates appearing for the respective parties, I find that the petitioner claims that the respondent no. 4 is a farming cooperative society in terms of the West Bengal Land Reforms Act, 1955 and is registered under the relevant provisions of West Bengal Cooperative Societies Act , as was prevalent during the time of its registration. The petitioner is, therefore, primarily a cooperative society within the meaning of Section 4(31) of the Cooperative Societies Act, 2006 (hereinafter referred to as the “said Act”).

3. As per the disclosure made by the petitioner on the basis of the resolution dated 18th February, 2023, the five year tenure of the board of directors of the cooperative had expired on 17th February, 2023. The petitioner who is the accountant and the highest designated employee of the society was appointed to manage the affairs of the cooperative societ

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