P.K.Ray, J. - (1.) This application under Article 227 of the Constitution of India has been filed by one Sri Pradip Kr. Chatterjee who intended to be a party in a Dispute Case No. 53/RCS of 1998-99, challenging the Order dated 13th August, 1999 passed by the Registrar of Co-operative Societies, West Bengal exercising power as an arbitrator under the West Bengal Co-operative Societies Act, 1983 whereby and where under application for addition of party was rejected only on the ground of non-maintainability on holding that under the concerned Co-operative Society's Act read with the Rules made therein there was no concept of joint nominee. The fact leading to this present revisional application under Article 227 of the Constitution of India as follows :
(2.) One Haripada Chatterjee and Gairik Bhusan Ganguly both under the relationship of Maternal Uncle and nephew were residing earlier in 8/A Nalini Sarkar Street, Calcutta and even after marriage of Gairik Bhusan Ganguly with Banalata, such living in a joint mess in the said premises continued. The petitioner herein since his birth also is staying with the family of Gairik Bhusan Ganguly in the said premises and at different places thereafter. Petitioners mother Smt. Bibhas Kumari Chatterjee and said Gairik Bhusan Ganguly jointly applied for membership of a Co-operative Housing Society namely Iswar Chandra Vidyasagar Samabay Nibas Limited at Bagmari Road, Calcutta hereunder refer to as said Society and such joint membership was approved by Assistant Registrar of Co-operative Society by his Order No. 5372 dated 6th July, 1976. Both the two families accordingly namely the family of Smt. Bibhas Kumari Chatterjee and family of Gairik Bhusan Ganguly started to leave in joint mess in said flat being Flat No. A/5/3. After death of petitioner's father Sri Hari Pada Chatterjee sometime in the year 1984, Gairik Bhusan Ganguly became the guardian of petitioner. Petitioner got married sometime in April, 1990 and a female child was begotten out of such wedlock. All started to continue their leaving in the joint mess in the said flat. Petitioners mother Bibhas Kumari Chatterjee and said Sri Ganguly both jointly nominated present petitioner and Banalata Ganguly as nominees relating to such flat, which was accepted and recorded by the said Housing Co-operative Society. Petitioner's mother Smt. Bibhas Kumari Chatterjee withdrew her membership relating to the said flat, when accepting such in the year 1987, flat was declared under single membership of Gairik Bhusan Ganguly by said Housing Society. Despite such fact, petitioner's mother, petitioner's wife, daughter, all were leaving in the joint mess in the said flat with Gairik Bhusan Ganguly and his family. On 17th August, 1982 a fresh nomination by way of declaration was given by Gairik Bhusan Ganguly as a sole member of Co-operative Society relating to the said flat whereby Banalata Ganguly, wife of Gairik Bhusan Ganguly and the present petitioner were declared as nominee and such joint nomination was accepted by the Co-operative Society in substitution of the earlier nomination dated 23rd March, 1986. In terms of the by-laws of the Co-operative Society since there was a provision for joint nomination, said Co-operative Society accepted such joint nomination, which as per their procedure used to be converted to joint membership after death of the original member or members. There are at least 40 to 50 members who are enjoying such benefit and privilege in this Society holding joint membership. On 10th January, 1998 Gairik Bhusan Ganguly died and the petitioner performed all ritual and 'Sradh' Ceremony including the ritual of 'Mukhagni'. Petitioner, after demise of said Gairik Bhusan Ganguly applied for joint membership on the basis of the joint nomination in the said Co-operative Society on 3rd December, 1998 but Banalata Ganguly filed application for individual membership as a sole heir and successor before the Co-operative Society who referred the matter to the Deputy Registrar, Co-operative Society (Housing), Calcutta Metropolitan Area for their opinion about the grant of joint membership. While such is pending. A Dispute Case was filed being the Dispute Case No. 53/RCS of 1998-99 by Banalata Ganguly praying necessary direction upon the said Housing Society to grant exclusive membership in respect of the flat in question. Deputy Registrar, Co-operative Societies aforesaid who was requested to opine however held against the present petitioner about joint membership by his decision dated 5th March, 1999 only on the ground that joint membership was not permissible as there was no concept of joint nominee under the present Act. Petitioner filed a writ petition being No. WP 12735(W) of 1999 challenging the decision of Deputy Registrar, Co-operative Society aforesaid and the same is pending at the Calcutta High Court. Since in the Dispute Case, the petitioner was not made a party as filed by Banalata, an application for addition of party was filed but same has been rejected by the Registrar, Co-operative Societies only on the sole ground that the concept of joint nomination was not permissible under the West Bengal Co-operative Societies Act 1983 and Rules of 1987 made therein. It is further held that petitioner's nomination made by deceased member was illegal since he is not a member of family as per definition of family in the statute. Hence, this application under Article 227 of the Constitution of India was filed.
(3.) Learned Advocate of the petitioner submits that since in the Dispute Case filed by Banalata Ganguly claiming her sole right to be the member of Co-operative Society in lieu of joint membership as filed by present petitioner is the subject matter which is touching the interest of the present petitioner, more particularly, in view of filling of the writ application by the petitioner assailing the decision of the Deputy Registrar, Co-operative Society aforesaid whereby application for such joint membership was rejected, the petitioner was entitled to be added as a party in the Dispute Case not only for effective adjudication of the points as taken but for consideration of all event namely purchase of the flat under the joint membership by predecessors in interest of both the parties, application for joint nomination by both the parties who were predecessors in interest of Banalata Ganguly and present petitioner and the permissibility of joint membership under the By-laws of the Society which as yet has not been amended and furthermore in view of acceptance of other 40 to 50 member relating to the different flats under joint memberships of the parties therein. It is further contended that the petitioner is a party necessary and the party affected in this proceeding and as such impugned order is not legally tenable. Such contention has been vehemently opposed by the learned Advocate of the Opposite Party, the applicant of the Dispute Case Banalata Ganguly, urging, inter alia, that under the West Bengal Co-operative Societies Act 1983 and the Rules of 1987 therein since there is no scope of joint nomination with any outsider of family and also joint membership, petitioner is not at all a necessary party of Dispute Case which is an action on point about applicant's right to remain as sole member of the Co-operative Society as a sole surviving heir of deceased member.;