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Judgment
An election held to the “Observance Cooperative Societyâ€, Panditiya Road, Calcutta has been cancelled by an order dated 25.10.2017 passed by
the Cooperative Election Commission, W.B. The Society concerned is a Cooperative Housing Society.
There are disputes with regard to the membership of the cooperative society. Such disputes are pending before the Registrar, Cooperative Societies
under the Cooperative Societies Act, 2006. The Commissioner has cancelled the election in view of the pendency of the disputes.
I do not find any reason to interfere with the said order at this stage. However, in the interest of justice, the Registrar, Cooperative Society, W.B. is
directed to dispose of the membership disputes pending before him in cases No. 31/32 R.C.S. of 2013 and any other disputes that may be raised in
connection with the Society within a period of one month.
It is submitted by the learned counsel appearing on behalf of the respondents that the disputes are listed for hearing on 7th June, 2018 before the
Registrar. The period of 30 days shall commence after 7th June, 2018. Till such time, however, the said disputes are not disposed of, no further
election shall be held in respect of the said Society.
Mr. Basu, learned senior counsel appearing on behalf of the winners of the election that has been cancelled submits that in the event the dispute cases
are rejected by the Registrar concerned, the cancelled election must be revived. Such prayer is considered and specifically rejected.
With the abo ve observations, W.P. 2152(W) of 2018 stands disposed of. Once the disputes are resolved by the Registrar, the process of election may
be undertaken strictly in accordance with law. Learned counsel for the Commission submits that a Special Officer has been appointed by the
authorities under the 2006 Act over the said Cooperative Society.
There shall be no order as to costs. Urgent photostat certified copy of this order, if applied for, shall be given to the parties as expeditiously as possible
on compliance of all necessary formalities.