Ajit Kumar Sarkar, J. - (1.) The applicants, the West Bengal State Co-operative Bank Limited and its Chairman, Shri Ajit Kumar Saha, have, in this appeal, challenged the propriety of the order, dated September 25, 1980 of a learned single Judge of this Court. The said order which has been signed by the learned Judge and appealed from is the "Operative portion of the order". The judgment is stated to have been delivered, but the same is not to be found on the record. Be that as it may, it is not disputed before us that two points were argued before the learned Judge on behalf of the appellants, namely, (1) the provisions of section 26A incorporated in the West Bengal Co-operative Societies Act, 1973, hereinafter referred to as the Act, by the West Bengal Co-operative Societies (Second Amendment) Act, 1978 with effect from February 3, 1973 is ultra vires the provisions of Articles 14 and 19 (l)(c) of the Constitution and (2) the appellant No. 1, the West Bengal State Co-operative Bank Limited, does not come within the Fifth Schedule also inserted in the Act by the said Amendment Act.
(2.) The appellant No. 1, the West Bengal State Co-operative Bank Limited, hereinafter referred to as the Society, is a co-operative society within the meaning of the Act. The last general meeting of the Society was held on September 24. 1976. In that meeting, the Managing Committee of the Society was reconstituted by the election of 1/3rd of its members in accordance with the provisions of sub-section (1) of section 21 of the Act. Sub-section (3) of section 21, inter alia, provides that on the failure of the Managing Committee of the co-operative society to call the general meeting within the period of fifteen months, the Registrar shall call, or authorise any of his officers to call a general meeting within the period of three months from the date of expiry of the aforesaid fifteen months. Under sub-section (4) of section 23, the State Government may, in special circumstances, permit the Registrar to call the general meeting even after the expiry of eighteen months, from the date of the last preceding meeting held under sub-section (1).
(3.) As the last general meeting of the Society was held on September 24, 1976, the next general meeting was to be held and the Managing Committee to be reconstituted within the period of fifteen months, that is to say, by December 24, 1977. It is also the case of the appellants that the general meeting could not be held by December 24, 1977 under certain unavoidable circumstances which are stated hereinafter.;