Calcutta High CourtWPA/8567/2021disposed

Aloke Singh v. The State Of West Bengal And ORS

2021-04-07Hon'Ble Justice Arindam Mukherjee2 pages

07.04.2021 Ct. No.23 pg.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 8567 of 2021 Aloke Singh Vs.

The State of West Bengal & Ors.

Mr. Arjun Ray Mukherjee ... For the petitioner Affidavit of service filed in Court today is taken on record. It appears that the respondents, despite being served, remain unrepresented.

The petitioner says that the respondents no.6 and 7 are allowing two non-members to represent Smt. Manju Halder, the Vice Chairman and Smt. Nilima Banerjee, a member in the meetings of the respondent no.5. In fact, Smt. Manju Halder, according to the petitioner, was represented in the meeting of the Board of Directors held on 20th May, 2018 and 19th January, 2019 by a nonmember. The statutory Auditor in his report filed for the year 2018-19 has pointed out this fact. The petitioner has made representation to the respondents no.3 and 4 to this effect on 3rd September, 2020. The petitioner says that such representation of the petitioner has not been looked into by either the respondent no.3 or the respondent no.4. Considering the nature of complaint, I direct the respondents no.3 and 4 to ensure that no member of the

respondent no.6 shall be represented in any of its meeting be that the meeting of the Board of Directors or the general body meeting or any other meeting save in strict adherence to the articles, rules, regulations and bye-laws of the respondent no.6 and the provisions of the West Bengal Cooperative Societies Act, and rules framed thereunder.

The petitioner shall communicate this order to each of the respondents within seven days from date. Nothing further remains to be adjudicated in this writ petition. The same is disposed of accordingly without any order as to costs.

Since I have not called for any affidavits, allegations made in the writ petition are deemed to have not been admitted.

Urgent photostat certified copy of this order, if applied for, is to be given to the parties, upon compliance of necessary formalities.

(Arindam Mukherjee, J.)