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Calcutta High Court · body

1999 DIGILAW 202 (CAL)

Pradip Kumar Guha v. State of West Bengal

1999-04-23

Altamas Kabir

body1999
JUDGMENT Altamas Kabir, J. The petitioner is the allottee of a plot in Sector-II of Bidhan Nagar, being Block-AL 137, wherein he has constructed a house and is residing with his family members. 2. In 1993 an Association of the various other plot holders of AL Block formed an Association named and styled as "Bidhan Nagar AL Block Association" and the same was duly registered under the provisions of the West Bengal Societies Registration Act, 1961. 3. The Rules and Regulations of the said Association provide that every resident independently having a plot in AL Block of Salt Lake, Sector-II, would be eligible to become a member of the Association. The said Regulations further provide that a tenant or lessee or licensee residing in any part thereof would also be eligible for associate membership with the same rights and obligations of a member, except that such associate member would not have any voting right. 4. In this writ application, the petitioner's grievance is that despite the said Regulations, the associate members of the Association were allowed to participate in the Annual General Meeting for the purpose of electing the Executive Committee for the year 1997-98 and, thereafter, for the year 1998-99. 5. On behalf of the writ petitioner, it has been submitted that the same being in flagrant violation of the Rules, the election stood vitiated, and, in any event, such state of affairs could not be allowed to continue. The petitioner appears to have made a representation to the Registrar of Firms, Societies and Non-Trading Corporation, West Bengal, firstly on 5th November, 1998, and, thereafter, on several occasions, but the Registrar was of the view that since allegations had been made against him, he should not consider the matter and referred the matter to the Joint Secretary, Commerce and Industries Department, Government of West Bengal, for necessary consideration. 6. On behalf of the Association, it has been submitted by Mrs. Chandreyi Alam that a Resolution appears to have been adopted by the Association empowering the associate members to also vote for the purpose of electing the members of the Executive Committee of the Society. Such Resolution was said to have been taken at the Annual General Meeting of the members in the year 1996. 7. Chandreyi Alam that a Resolution appears to have been adopted by the Association empowering the associate members to also vote for the purpose of electing the members of the Executive Committee of the Society. Such Resolution was said to have been taken at the Annual General Meeting of the members in the year 1996. 7. It appears further that in the Special General Meeting of the members of the Association held on 7th March, 1999, the earlier decision was reiterated and it was allegedly resolved that all members, including the associate members of the Association, would be entitled to vote in the election of the various bodies of the Association. 8. Despite service, no one appears on behalf of the State, nor has any affidavit been filed on its behalf. 9. On consideration of the submissions made on behalf of the respective parties, one point clearly emerges that without taking steps to amend the Rules and Regulations of the Society, the associate members did not have the right to vote for the purpose of election of the Executive Committee of the Society. A Resolution adopted at a Special General Meeting is not sufficient for the purpose of amendment and/or alteration of the Rules and Regulations. 10. Rule 15 of the Rules and Regulations of the Society provides for the alteration of the Memorandum and Regulations with the previous permission of the Registrar in writing by the general body through a Resolution to be passed by three fourths of the members then recorded in the Register in any of its meetings convened specially for the purpose on the recommendation of the Managing Committee/Governing Body/Executive Committee of the Association. 11. There is nothing on record to indicate that the said procedure had at all been followed or that the Rules were amended accordingly. On the other hand, section 8 of the West Bengal Societies Registration Act, 1961, also provides that a Society shall not alter its Memorandum except with the previous permission of the Registrar in writing, and the votes of three-fourths of its members. It has also been indicated in sub-section (2) of section 8 that the Registrar shall satisfy himself that the alteration does not make the Society ineligible for registration under the Act. It has also been indicated in sub-section (2) of section 8 that the Registrar shall satisfy himself that the alteration does not make the Society ineligible for registration under the Act. Section 9 of the aforesaid Act provides that a copy of every alteration of the Memorandum and of the Regulations shall be filed with the Registrar within thirty days of such alteration. 12. None of the aforesaid steps having been taken regarding the right of the associate members to vote, the mere adoption of a resolution at the Special General Meeting does not, in my view empower the associate members to vote for the purpose of electing the Executive Committee or the other Committees of the Society. 13. Apart from the above, Rule 7 of the aforesaid Rules provides for the holding of Annual General Meeting on 31st March of every year and in case of default, the President, either in his own motion, or on an application submitted to him by any member of the Association may call or direct the calling and/or holding of the said Annual General Body Meeting before 31st May of the year in question. 14. Having regard to the situation as prevailing in regard to the affairs of the Society and the fact that the Executive Committee for the year 1998-99 has since become defunct and since steps are required to be taken for the reconstitution by election of an Executive Committee of the Society for the year 1999-2000, it is necessary that a Special Officer be appointed for the purpose of conducting such election in a free and fair manner in keeping with the Rules and Regulations of the Society. 15. In that view of the matter, as suggested by the parties, let Mr. B.K. Chowdhury (AL-40) be appointed as Special Officer, without remuneration, for holding the election of the Executive Committee of Bidhan Nagar AL Block Association for the year 1999-2000. 16. The Special Officer shall proceed to conduct the election in keeping with the Rules and Regulations of the Society and for the said purpose, shall prepare a list of the members of the Society entitled to vote in terms of the existing Rules. Such process is to be completed expeditiously and the elections are to be completed well within 30th June, 1999. Such process is to be completed expeditiously and the elections are to be completed well within 30th June, 1999. The President of the out-going Committee, who is said to be in charge of the affairs of the Association at present shall make over charge to the newly elected committee as and when the results are declared by the Special Officer. 17. The Special Officer shall stand discharged after handing over of charge by the President of the present Committee to the newly-elected Executive Committee. 18. The writ application is thus disposed of. 19. There will be no order as to costs. 20. Let xerox plain copies of this order, duly countersigned by the Assistant Registrar (Court), be made available to the learned Advocates for the respective parties, for communication and implementation on their usual undertakings. Writ application is disposed of.