Smt. K. Rajalakshmi v. The Secretary (Coop)-Cum Registrar Of Societies

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/672/2024 Smti. K. Rajalakshmi Vs.

The Secretary (Coop)-cum-Registrar of Societies Mr. Gopala Binnu Kumar ... for the petitioner Mr. Shatadru Chakraborty, Sr.Adv.

Mr. Rakesh Kumar, Mr. Dibesh Dwivedi ... for the respondents Mr. Md.Tabraiz ...for the CCWS December 10, 2024 [SR] Item no. 3 1.

The petitioner claims to be a member of the Central Cooperative Welfare Society Limited (CCWS). Her name appeared in the membership list of the year 2013 but thereafter her name has not been updated in the membership list published by the Society.

2.

The membership list was last updated in the year 2019. The Cooperative Society has published a notice in the newspaper mentioning that the Annual General Body meeting of the Society will be held on 29.12.2024 for election of the Managing Committee.

3.

The petitioner submits that till the updated list is published, she will not be in a position to cast her vote. Prayer has been made by the petitioner for a direction upon the Society to publish the updated list.

4.

Learned advocate representing the Society submits, upon instruction, that the petitioner is no longer a member of the

Society. She never approached the Society with the prayer for renewing her membership. The writ petition at the instance of the petitioner is not maintainable.

5.

Learned advocate representing the respondent no.1 relies upon the membership list of the Society published in the year 2019. The name of the petitioner does not appear in the said list.

6.

Notice of this Court has been drawn to the Andaman and Nicobar Islands Cooperative Societies Regulation, 1973 and the Andaman and Nicobar Islands Cooperative Societies Rules, 1974.

7.

Regulation 55(2)(c) of the Regulation 1973, mentions that any dispute arising in connection of the election and with any officer of the Society shall be deemed to be a dispute and is to be referred to arbitration for a decision in the matter. 8.

There is nothing on record to show that the petitioner ever approached the Society with her prayer for updating her membership. Only after the notice of the election was published in the newspaper on 28.11.2024, the writ petition has been filed.

9.

At such delayed point of time, it will not be possible for the Court to decide the issue of the membership. The petitioner prays for an interim order.

10.

I am of the opinion that the petitioner ought to approach the arbitrator in terms of the Regulation mentioned hereinabove for immediate relief.

11.

In the event the petitioner approaches the Registrar of Cooperative Societies by 12.12.2024, the Registrar shall consider the prayer of the petitioner and, if found expedient, may pass necessary interim order in her favour. 12.

The writ petition stands disposed of. No order as to costs. 13.

Urgent certified copy of this order, if applied for, be supplied to the parties upon compliance of usual formalities. ( Amrita Sinha, J. )