A.Kabir, J. - (1.) Heard the parties at length. Since the writ application concern, only points of law, no affidavit need be filed in the matter and the matter may be disposed of on the basis of the arguments advanced by the parties.
(2.) According to the petitioner Society, a direction was given by the Assistant Registrar of Co-operative Societies, Uttar and Dakshin Dinajpur on 5th June, 1992, directing the Society to amend by-law No. 5 in view of the fact that West Dinajpur District had been bifurcated into Uttar Dinajpur and Dakshin Dinajpur. Such direction was given in terms of sub-section (1) of section 18 of the West Bengal Co-operative Societies Act, 1983, and the Chairman of the Society was authorised to call a Special General Meeting of the Society within two months with the agenda for considering the proposed amendment of the by-law, as indicated in the order itself. It appears that the petitioner Society called such Special General Meeting, but instead of amending the by-law, as proposed, suggested amendment of certain other by-laws and forwarded the same to the Assistant Registrar of Co-operative Societies for approval.
(3.) Thereafter, by an order dated 7th September, 1992, the Assistant Registrar of Co-operative Societies, Uttar and Dakshin Dinajpur, in purported exercise of the powers conferred on him under sub-section (2) of section 18 of the aforesaid Act, directed registration of the amendment of clause No. 5 of the existing by-laws in the manner indicated in the order itself.;