Secretary, Pragati Engineers Co-operative Society Ltd. v. The State of West Bengal
2008-01-10
JAYANTA KUMAR BISWAS
body2008
DigiLaw.ai
Judgment Jayanta Kumar Biswas, J. In view of the provisions in s.23 of the West Bengal Co-operative Societies Act, 1983 this writ petition taken out by the Secretary, Pragati Engineers Co-operative Society Ltd., a registered co-operative society, is simply not maintainable. The secretary is not competent to institute proceedings on behalf of the co-operative society, a body corporate; and as such, being required to sue in its own name. Even otherwise, I do not find any merit in the case. Another co-operative society, Rautara Union Large Sized Primary Co-operative Agricultural Credit Society Ltd., published a notice inviting tender. Pragati participated in the process and was selected. It alleges that Rautara did not make full payment according to its bill raised after executing the work. It made representation to the registrar of co-operative societies requesting him to direct Rautara to pay its dues. Alleging that the registrar did not take any action as well, its secretary took out this writ petition. The question is whether alleging inaction on the part of the registrar or that Rautara did not pay its billed amount in full, Pragati was entitled to approach the writ court. Counsel submits that he needs an innocuous order directing the registrar to consider representation made by Pragati. In my opinion, such an order cannot be made in the case. The registrar was under no statutory obligation to consider a mere representation which was not a plaint instituting a dispute case under s.95 of the West Bengal Cooperative Societies Act, 1983. Hence there is absolutely no reason to make an order directing the registrar to consider and give a decision in the representation. Pragati’s remedy, if any, was institution of a dispute case. For reasons known to it, it did not adopt that course. Rautara, a mere co-operative society, is not a state within the meaning of art.12, and as such, is not amenable to writ jurisdiction of this court. The dispute is a private dispute between two co-operative societies. With its money claim Pragati was not entitled to seek relief from the writ court. For these reasons, the writ petition is dismissed. There shall be no order for costs.