Samir Roy v. State Of West Bengal And ORS.

02.01.2026 Court No.25 D/L No.26 S. Gayen

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 22601 of 2025 Samir Roy

Versus

The State of West Bengal & Ors.

Mr. Anil Kr. Chattopadhyay Mr. Dinesh Parui ...for the Petitioner Mr. Sudipta Panda Mr. Subhabrata Das ...for the State

1. Initially the petitioner has filed a writ petition before this Court with the grievance that the Registrar of Firms, Societies & Non-Trading Corporations, West Bengal not considered the submitted by the petitioner. By an order dated 24th March, 2023 this Court disposed of the writ petition by directing the Registrar of Firms, Societies & NonTrading Corporations, West Bengal to consider the representation of the petitioner dated 28th April, 2022 and to pass a speaking and reasoned order. in compliance with the order passed by this Court on 24th March, 2023, the Registrar of Firms, Societies & NonTrading Corporations, West Bengal has passed the order on 30th May, 2023, which is as follows:- "The process adopted by the Society to form the Executive Committee was in complete

violation of the procedure specified in its Regulation which renders the present Executive Committee so formed totally invalid and as such all decisions taken so far by the said Executive Committee are treated null and void. The Society shall hold election to form its Executive Committee observing due process of election mandated in its Regulation within three (3) months i.e. by 31/08/2023 to regularize."

2. Learned counsel appearing for the petitioner submits that though the Registrar of Firms, Societies & NonTrading Corporations, West Bengal has passed an order but till date the Society has not complied with the order of the Registrar of Firms, Societies & NonTrading Corporations, West Bengal and accordingly the petitioner made the to the authorities as well as the Registrar of Firms, Societies & Non-Trading Corporations, West Bengal but the authorities have also not considered the representation of the petitioner for complying the order dated 30th May, 2023 passed by the Registrar of Firms, Societies & Non-Trading Corporations, West Bengal. Learned counsel for the petitioner submits that the petitioner has filed the Public Interest Litigation before the Hon'ble Division Bench of this Court but he same was dismissed by an order dated 4th September, 2025 but in the said order liberty is given to the petitioner for appropriate remedy. Accordingly, the petitioner has filed the present writ application.

3. This Court finds that the Registrar of Firms, Societies & Non-Trading Corporations, West Bengal has passed an order directing the Society to hold election to form its Executive Committee by observing due process of election mandated in its Regulation by 31st August, 2023 but till date the order has not complied with. The petitioner already made for compliance of the order dated 30th May, 2023 but the representation is still pending.

4. Considering the above the writ petition is disposed of by directing the Registrar of Firms, Societies & NonTrading Corporations, West Bengal to consider the representation submitted by the petitioner dated 15th July, 2025 and to take appropriate steps for compliance of the order dated 30th May, 2023 within six weeks from the date of receipt of the copy of this order.

5. The petitioner is at liberty to add the Societies as party respondent in course of this day.

6. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

7. Urgent Photostat certified copy, if applied for, be given to the parties upon compliance with all formalities. (Krishna Rao, J.)