Uttam Kumar Chanda v. State Of West Bengal And ORS.

17.04.2025 sayandeep Sl. No. 02 Ct. No. 05 WPA 6848 of 2025 Sri Uttam Kumar Chanda Vs.

The State of West Bengal & ors.

Mr. Soumajit Majumder .... for the petitioner Mr. Ankit Sureka Mr. Biplab Das Mr. Partha Sarathi Pal ..... for the respondent Nos. 2 & 3

1. Affidavit-of-service filed in Court today be kept on record.

2. The petitioner is aggrieved by the order dated 11th June, 2024 whereby the petitioner has been declared to be disqualified and accordingly his membership was declared to have been ceased with immediate effect. The petitioner would submit that the aforesaid decision of the Co-operative society can only take effect from the date of communication of the decision of the Board after the same is approved by the Registrar.

3. The petitioner would submit that though the aforesaid cessation of membership has been declared under Rules 132(i) and (ii) of the West Bengal Co-operative Societies Rule, 2011 (hereinafter referred to as the "said rules") the same is in fact under Rule 133 and as such appropriate approval of the Registrar is mandatory.

4. The petitioner claims to have made a representation on 21st January, 2025 addressed to the Registrar Cooperative Societies. His representation is yet to be disposed of by the Registrar. He seeks expeditious disposal of his representation.

5. Mr. Sureka, learned advocate, enters appearance on behalf of the respondent Nos. 2 and 3. He would submit that he is yet to receive any instructions as

regards the outcome of the representation dated 21st January, 2025.

6. Having heard learned advocate appearing for the respective parties, and having considered the materials on record, I am of the view that no fruitful purpose will be served to keep this writ petition pending.

7. In such circumstances, I direct the Registrar Cooperative Societies being the respondent No. 3 to take a decision on the representation of the petitioner dated 21st January, 2025 as appearing at page-83 of the writ petition as expeditiously as possible preferably within a period of two weeks from the date of communication of this order, by passing a reasoned order upon giving an opportunity of hearing to all concerned.

8. With the aforesaid observations and directions, the writ petition is disposed of.

(Raja Basu Chowdhury, J.)