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Judgment
Samapti Chatterjee, J
Leave as prayed for is granted to the petitioners to file supplementary affidavit thereby bringing the letter dated 19th September, 2019, served to the Registrar of Firms, Society & Non-Trading Corporations, West Bengal on record in course of the day.
Affidavit-of-service filed in court be kept on the record.
It is evident from the affidavit-of-service that the respondent No.7, the Registrar of Firms, Society & Non-Trading Corporations, West Bengal has refused to accept the service.
The petitioners file the present writ petition for setting aside the memorandum dated 1st September, 2019 and 4th September, 2019 for election and annual general meeting of Hooghly Civil Contractors' Welfare Association.
Mr. Bhattaharyya, learned Advocate appearing for the petitioners submits that the notice dated 1st September, 2019 and 4th September, 2019 were issued contrary to the Rule 19 of West Bengal Societies Registration Act, 1961. It is clearly stated in Rule 19 of the Act that Society shall hold the annual general meeting every year and not more than 15 months shall lapse between two successive annual general meeting. At least 14 days notice specifying the time, place, day and hour shall be given to every member of the Society. Rule 19 of the Memorandum is quoted below :
"The Society shall hold the annual general meeting every year and not more than 15 months shall lapse between two successive annual general meeting. At least 14 days notice specifying the time, place, day and hour shall be given to every member of the Society."
Mr. Bhattacharyya submits that violating the mandatory period for giving at least 14 days notice, has not been complied with. Notice has been issued through whatsapp message only on 17th September, 2019. Against such illegal notice, the petitioners lodged complaint before the respondent No.7 the Registrar of Firms, Society & Non-Trading Corporations, West Bengal on 19th September, 2019. Mr. Bhattacharyya further contends that notice on whatsapp message dated 17th September, 2019 is perverse, illegal, motivated and very much contrary to Rule 19 of the said memorandum. Therefore, in conclusion, Mr. Bhattacharyya submits that court should quash the notice dated 1st September, 2019 as well as the notice dated 4th September, 2019 thereby directing the respondent authorities to issue proper notice by following the Rule 19 of the said memorandum.
After adopting the submission of Mr. Bhatacharyya, Mr. Lahiri, learned Advocate appearing for the respondent No.6 further emphasises, it is admitted that notice was not circulated as per Rule 19 of the said memorandum. Rule 19 never prescribes that notice can be served through whatsapp message.
Therefore, notice dated 1st September, 2019 and 4th September, 2019 are illegal, perverse and very much contrary to Rule 19 of the said memorandum.
Considering the submissions as advanced by the learned Advocate appearing for the parties and after perusing the records as well as Rule 19 (supra) in my considered view notice dated 1st September, 2019 and 4th September, 2019 cannot be sustained in the eye of law. Since the date of election has already been fixed on 27th September, 2019, therefore, I direct the authority to hold election but no result would be published till the disposal of the complaint pending before the respondent No.7, the Registrar of Firms, Society & Non-Trading Corporations, West Bengal. I further direct the respondent No.7 to take a decision in accordance with law in respect of the pending complaint dated 19th September, 2019 without any further delay but positively by 30th November, 2019 after giving an opportunity of hearing to the petitioners or their authorised representative and other interested parties including the respondent No.6 and thereafter communicate the reasoned decision to the parties within one week.
With these directions, the writ petition is disposed of.
There will be no order as to costs.
Let photostat plain copy of this order, duly countersigned by the Assistant Registrar (Court), be given to the parties upon the usual undertakings.