Research › Search › Judgment

Calcutta High Court · body

2019 DIGILAW 262 (CAL)

RAJIB LOCHAN JANA v. SUBHENDU BHARATI

2019-02-25

ARINDAM MUKHERJEE, BISWANATH SOMADDER

body2019
JUDGMENT : Biswanath Somadder, J. 1. By consent of the parties, the appeal is treated as on day's list and taken up for consideration along with the application for stay. 2. The instant appeal arises out of a judgment and order dated 10th October, 2018, passed by a learned Single Judge in WP 20541 (W) of 2018 (Subhendu Bharati & Ors. vs. The State of West Bengal & Ors). 3. By the said judgment and order, the learned Single Judge was pleased to dispose of the writ petition in the following manner:- “In such circumstances, induction of members by the nominated Board is ex facie illegal and is liable to be set aside. The said members inducted by the nominated board shall not be entitled to participate in the election and shall be removed from the Voter List published by the Election Commission. However, it is clarified that once the election is completed, in accordance with law, and a lawful Board takes over the Management of the Society, the newly elected Board shall consider the induction of its 800 members in accordance with 2006 Act. With the above observations, W.P. 20541 (W) of 2018 stands disposed of.” 4. The instant appeal has been preferred by Rajib Lochan Jana and Debasish Maity, who were not parties before the writ Court. By an order dated 30th October, 2018, this Court granted leave to the appellants to prefer the instant appeal against the impugned judgment and order dated 10th October, 2018, passed by the learned Single Judge. 5. During the course of hearing of the instant appeal, we had directed the respondent no.11, being the Secretary, Co-operative Election Commission, to file a report in the form of an affidavit stating therein specifically as to the basis of taking into consideration eight hundred (800) and odd individuals as bona fide members of Tajpur Dakshinbarh Samabay Krishi Unnayan Samity Limited and including them in the voters' list 6. The report in the form of an affidavit was filed earlier on behalf of the concerned authority, namely, West Bengal Co-operative Election Commission. The report in the form of an affidavit was filed earlier on behalf of the concerned authority, namely, West Bengal Co-operative Election Commission. Paragraphs 2 (c) (d) and (e) of the said report are relevant and are required to be quoted herein below:- “2 (c) Upon scrutiny of resolution book of the society it is found that duly constituted Board of Director in its resolution dated 13-05-2017 under resolution No.77/17, at page 70 to 72 of the resolution Book included 878 numbers of individuals as member of the society. In the said resolution the writ petitioner No.1, namely Surendra Bharati was one of the signatory as Director. The names of the individuals i.e. 878 number of members were included in the member register thereafter during the existence of the duly elected Board. All the individuals 878 members have also duly put their signatures in the membership register. (d) That it is therefore clear that the then regular Board of Directors included 878 individuals as regular member before the expiry of the tenure of the Board i.e. 28-08-2017. (e) The nominated Board was appointed on 21-09-2017.” 7. It is clear from the portion of the report in the form of an affidavit filed on behalf of West Bengal Co-operative Election Commission, as quoted above, that it was a regular Board of Directors of the concerned co-operative society which included 878 individuals as regular members before the expiry of the tenure of the Board and such inclusion was not done by the nominated Board, which formed the basis of filing of the writ petition by the respondents/writ petitioners. Therefore, the impugned judgment and order cannot be sustained and is liable to be set aside and is accordingly set aside. 8. The statutory authority, namely West Bengal Co-operative Election Commission is directed to immediately declare the results of the election and give effect to the same in accordance with law. 9. The above direction shall not cause any prejudice in respect of the complaint made by the respondents/writ petitioners to the Registrar of Cooperative Societies, which has been disclosed in the writ petition. The same shall be dealt with strictly in accordance with law. 10. The appeal and the connected applications stand disposed of accordingly. Arindam Mukherjee, J. : I agree.