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Judgment
Rajasekhar Mantha, J
An application being CAN 73 of 2020 for addition of party has been filed. The petitioner has no objection to the 27 persons claiming to be members to be added as party respondents to the instant application. Hence CAN 73 of 2020 is allowed and all petitioners therein are added as party respondents to the instant writ application.
One Mr. Baidyanath Biswas is also desirous to be added as a party respondent to the instant writ application. The petitioner has got no objection to the same. Hence, Mr. Baidyanath Biswas is added as a party respondent herein.
Ld. Advocate for the writ petitioner and the applicant of CAN 73 of 2020 shall jointly carry out the amendment to the cause title to include the petitioner of CAN 73 of 2020 and Mr. Baidyanath Biswas as a party respondent to the instant writ application.
The principal grievance of the writ petitioner is invoking of Section 11 and 35 of the 2006 Act by the State and subsequent appointment of Administrator over the said Society. There are a large number of disputes and differences in the past and present in respect of functioning of the said Society. This court is of the view that ends of justice would be best served if an election is held to the Society concerned with all the members participating therein.
Hence, the Co-operative Election Commission shall also to be added as a party respondent to the instant writ application. The Co-operative Election Commission shall hold elections in the said Society within a period of 45 days from date.
Mr. Ankit Sureka, learned counsel is requested to represent the Co-operative Election Commission in this matter. Let his appointment be regularized by the Co-operative Election Commission.
It is submitted that there are total 48 members in the said Society. The State, the respondent No. 5 and the Administrator submit that there are allegations of default against about 34 persons.'
The Administrator also submits that notices have been issued to the alleged defaulters and also the acts of prejudicial to the Society. The hearing is fixed on Saturday, the 11th January, 2020. It is surprising to note how the Administrator has issued the notices without having access to the records in the office of the Society which is lying locked.
This Court notes that the notices of default and acts of prejudicial to the society have been issued to as many as 34 to 48 members. The Courts mind is not free from doubt that the notices may have been issued for collateral purposes.
In such circumstances, this court is of the view that the election to the Society should be held and it is the newly elected board that should deal with the allegations against its members.
Considering the above, let a Returning Officer be appointed within a period of one week from date. The aforesaid time period for election is restricted in view of the fact that the List of Members is already available with the Administrator who has undertaken to hand over the same to the Returning Officer by tomorrow.
The hearing of the notices issue may be deferred till after completion of the election process.
The new Elected Board shall hear out such allegations against the members and deal with the same as they may deem fit and proper. The Administrator shall continue to discharge only day to day functions of the Society till such time, the application process is completed.
All parties concerned shall cooperate in holding of the elections. The petitioners and the added party respondents shall handover the keys of the Office to the Administrator.
With the above observations, the instant writ petition is disposed of without any order as to costs.
In view of the above, the related CAN applications being CAN 11124 of 2019 and CAN 73 of 2020 are also disposed of.
Urgent certified photostat copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities.