- (1.) This Mandamus Appeal is directed against the judgement and order dated 23rd December, 2010 passed by Hon ble Single Judge in W.P. No. 1619 of 2010. Hon ble Single Judge disposed of the writ petition under Article 226 of the Constitution by directing the Registrar of Firms, Societies and Non-Trading Corporations, West Bengal to decide which annual return for the year 2008-09 between the returns submitted by the petitioners and some other persons will be accepted according to the provisions of the Acts and the rules. In deciding the said matter reasonable opportunity of presenting the respective cases should be given to the parties who submitted the returns in question. A reasoned decision shall be given within three weeks of the date of communication of the order. Other questions in the writ petitions remained open.
(2.) The appellant, Institute for Indian Labour, a Society registered under the West Bengal Societies Registration Act, 1961 under the Presidentship of Protiva Sen alias Protiva Sengupta filed a writ petition bearing No. W.P. 1619 of 2010 against the State of West Bengal through the Secretary, Ministry of Commerce and Industry, Writers' Building, Kolkata and Registrar of Societies having office of Societies and Non-Trading Corporation, West Bengal challenging the act of respondent No.2 in accepting annual return for the same financial year of 2008- 09 by issuing receipt number 4692 dated 27th May, 2010. The said authority also accepted a second list of committee members for the year 2009-10 on 27th May, 2010 in spite of the list of committee members for the year 2009-10 having been filed for the financial year 2008-09 by the petitioner. The petitioner requested the respondent/authority to cancel the said receipt and all documents.
(3.) But the respondent/authority failed to consider the same including the fact that there cannot be any further special annual general meeting for the financial year 2008-09 after the annual general meeting held for the year 2009. It was alleged further that acceptance of return and issuing receipt No. 4692 dated 27th May, 2010 issued towards the filing of purported annual return for the year 2008-09 and purported list of the members for the year 2009-10 are illegal. The petitioner also prayed for issuing a restraint order against the respondent No.2 for giving effect to the said receipt as well as for the cancellation of the annual return filed by the said receipt for the year 2008-09. Learned Court disposed of the said writ petition by directing the Registrar i.e. respondent No.2 to decide after giving reasonable opportunity to presenting their case to both the parties as to which annual return for the year 2008-09 between the returns submitted by the petitioner and the added respondent will be accepted according to the laws and rules.;