- (1.) THE petitioner, a Co-operative Society registered under the Bengal Cooperative societies Act, 1940, felt aggrieved, firstly, by an order passed by the respondent No, 1 Registrar of Cooperative societies, dated March 12, 1963, appointing six additional Directors (namely, respondents Nos. 2 to 7) to the Managing Committee of the Society, and, secondly, by a notice of requisition, dated April 11, 1963, signed by respondents Nos. 2, 3 and 5, calling upon the Joint Secretary of the petitioner society to convene a special meeting of the Managing Committee of the Society to consider certain items of business. The petitioner Society moved this Court, under Article 226 of the Constitution, (1) for a mandate upon the respondents calling upon them to recall, rescind, or withdraw the order appointing the additional Directors and also the requisition for calling a special meeting, and (2) for a Writ of Quo Warranto restraining respondents nos. 2 to 7 from acting as additional directors, and (3) for a Writ of Certiorari for quashing of the order of appointment of additional Directors and the requisition for calling the special meeting, and obtained this Rule, the circumstances under which the order of appointment of the additional Directors was made by the respondent No. 1, Registrar, and the notice of requisition of the special meeting was given by respondents Nos. 2, 3 and 5, are hereinafter stated in brief.
(2.) THE Managing Committee of the petitioner Society, comprising of 12 Directors, was constituted, on August 20, 1960, by election from amongst its members. The said Managing Committee is still in office because, it is said, no annual general meeting of the Society could be held after August I960 due to the alleged failure of respondent No. 1, Registrar, to forward to the petitioner society audited accounts as required under the Bengal Co-operative Societies Act read with the Rules framed thereunder. The Managing Committee, it is claimed by the petitioner, was carrying on the affairs of the Society satisfactorily until one Shri S. Dutt came to occupy the post of registrar of Co-operative Societies. Thereafter, it is alleged by "the petitioner, disagreement cropped up between the Society, on the one hand, and the respondent registrar, on the other hand, and the latter began attempts to interfere with the internal management of the petitioner Society, firstly, by deputing an Inspector of Co-operative Societies on the pretence of assisting the Society in its management and in keeping its accounts ; secondly, by passing an order on the Joint Secretary of the petitioner Society to grant leave to several of its workers ; thirdly, by setting up a mess for the workers of the petitioner society without reference to the Managing Committee of the Society itself; fourthly, by directing an inquiry being held into the affairs of the Society, the report of which was never made known to- the petitioner Society ; and, lastly, by passing an order on the District Auditor of Co-operative Societies to call a special general meeting of the petitioner Society (a) for reconstitution of the Managing Committee of the Society ; (b) for Consideration of Audit reports of the Society for the years 1959-60 and 1960-61 ; and (c) for appointment of Executive Officer of the Society under section 24 of the Bengal Co-operative Societies Act. The petitioner Society alleges that the actions taken were either mala fide or illegal. The petitioner Society opposed the steps taken as best as it could. The last mentioned order was challenged by the petitioner Society, under Article 226 of the Constitution, and the holding of the meeting had to be postponed by reason of a Rule issued (namely, Civil Rule No. 111 (w) of 1963) and an interim injunction granted in the said Rule by this Court.
(3.) FRUSTRATED in his attempts otherwise to gain control over the petitioner Society, it is alleged, respondent No. 1 passed the following order, on March 14, 1963: "in exercise of the powers conferred on me by Rule 32 of the bengal Co-operative Societies Rules, 1942, I hereby appoint the following persons as Additional Directors to the present Managing Committee of the Women's Cooperative industrial Home Ltd. , Uday Villa, Kamarhati, (24 Parganas ). 1. The Director, Women's Resettlement, refugee Relief and Rehabilitation directorate, West Bengal. " 2. The Sub-divisional Officer, barrackpore, (24-Parganas ). 3. The Deputy Director of Industries (Cottage), West Bengal. 4. The Deputy Registrar of co-operative Societies, (Industrial ). 5. The Superintendent, Bengal Ceramic institute, Calcutta. 6. The Managing Director, west Bengal Small Industries Corporation. ";