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2019 DIGILAW 31 (CAL)

Anath Bandhu Patar v. State of West Bengal

2019-01-09

ARINDAM MUKHERJEE, BISWANATH SOMADDER

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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 an order dated 13th November, 2018, passed by a learned Single Judge in WP 25642 (W) of 2016 with CAN 7496 of 2018 with WP 21276 (W) of 2016 with WP 18115 (W) of 2016 and WP 16867 (W) of 2017 (Anath Bandhu Patar vs. The State of W.B. & Ors.). By the said order, the learned Single Judge while keeping the writ petition pending for further hearing was pleased to modify an interim order passed earlier, to the extent as stated herein below:- "Having considered the rival submissions of the parties, this court deems it fit to modify such interim order and directs the newly elected Board to take over charge and functioning of the S.K.U.S. The existing Board and its representatives or Manager shall hand over the charge of the affairs of the Society including the records and documents to the newly elected Board. The newly elected Board shall start functioning and continue to do so in accordance with law." 3. It is admitted position that the election process is over in respect of the concerned Co-operative Society. However, this election was the subject-matter of challenge before the learned Single Judge. 4. Since the writ petition is yet to be finally heard and disposed of, we are of the view that in the facts and circumstances of the instant case if the newly elected Board is directed to take over charge and start functioning, the writ petition might become infructuous if the writ petitioner ultimately succeeds. In order to resolve this issue, we take notice of section 29(8) of the West Bengal Co-operative Societies Act, 2006, which reads as follows:- "29. Annual general meeting. (8) If the board of directors, constituted under sub-section (7), cannot function owing to an order of any court or for any other reason, the Chief Executive Officer of the Co-operative society or where there is no Chief Executive Officer appointed by the State Government or the Registrar the highest designated employee of the Co-operative society, by whatever name called, shall manage the affairs of the Co-operative society till a board is in a position to function." 5. The above provision of law empowers the Chief Executive Officer of the concerned Co-operative society or where there is no Chief Executive Officer appointed by the State Government or the Registrar, the highest designated employee of the concerned Co-operative society by whatever name called shall manage the affairs of the Co-operative society till a Board is in a position to function. 6. Keeping this statutory provision in mind, we propose to modify the order dated 13th November, 2018, to the following extent:- "Till such time the writ petition is finally heard and disposed of, the concerned Co-operative Society shall be continued to be managed in accordance with the provision of section 29(8) of the West Bengal Cooperative Societies Act, 2006." 7. Since affidavits have already been exchanged between the parties, we request the learned Single Judge to hear out and dispose of the writ petition expeditiously, subject of course to the convenience and business of the Court. We also direct the appellant as well as the private respondent nos.6 to 16 to render full cooperation in order to allow the Co-operative Society to function smoothly on a day to day basis. 8. The appeal and the application for stay stand disposed of accordingly. Urgent photostat certified copy of this judgment, if applied for, be given to the learned advocates for the parties. I agree. - (Arindam Mukherjee, J.)