Talat Ahmed v. State Of West Bengal And Others

OD-5 ORDER SHEET WPO No.1563 of 2023

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE TALAT AHMED VS.

STATE OF WEST BENGAL & ORS.

BEFORE:

The Hon'ble JUSTICE AMRITA SINHA Date:13th September, 2023.

Appearance:

Mr. Lokesh Sharma, Adv.

Mr. Rachit Lakhmani, Adv.

Mr. Nikunj Berlia, Adv.

...for the Petitioner.

Mr. Srijan Nayak, Adv.

Ms. Rituparna Maitra, Adv.

... for Respondent nos. 3 & 4.

The Court:-The matter relates to Embassy Cooperative Housing Society Ltd. at 4, Shakespeare Sarani, Kolkata-700071. On consideration of the mass representation filed by the members of the Society, the Joint Registrar of Cooperative Societies was of the opinion that Section 35 of the West Bengal Cooperative Societies Act, 2006 may be invoked in the Society for the time being.

Submission of the petitioner is that the Board of Directors is practically defunct and only one director is running the show and other five directors have resigned from the post.

Learned advocate representing the respondent nos. 3 & 4 submits, upon instruction that, immediate steps will be taken for conducting the election for constitution of the Board of Directors.

It appears from the cause title of the writ petition that the Cooperative Election Commission has not been impleaded as party respondent in the instant writ petition.

The respondent nos. 3 & 4 are, accordingly, directed to take appropriate steps for conducting the election through the Cooperative Election Commission in accordance with law at the earliest, but positively within a period of three months from the date of communication of this order. Writ petition stands disposed of.

Affidavit of service filed in Court today is taken on record. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all legal formalities. (AMRITA SINHA, J.) nm