- (1.) In this writ petition two share-holders of the Eastern and North-eastern Forntier Railway Co-operative Bank Limited (hereinafter referred to as the Co-operative Bank) have challenged the Notification dt.1-3-1977 issued by the Government of West Bengal in exercise of the powers conferred by the proviso to sub-sec. (1) of S.26 of the West Bengal Co-operative Societies Act 1973, dissolving the Managing Committee of the said Co-operative Bank and appointing an Administrator to manage its affairs (Annexure-'A' to the writ petition), the Notification dt. 29-2-1980 issued by the same authority reconstituting the Board of Administrators constituted earlier to replace the Administrator (Annexure-'B' to the writ petition) and the Notification dt. 14-1-1981 also issued by the State Government reconstituting the Board of Administrators before the expiry of one year term of the then existing Board.
(2.) The grounds of challenge as pleaded in the original writ petition are as follows:- (a) As the said Co-operative Bank is governed by the Multi-unit Co-operative Societies Act 1942 which is a Central Act the Registrar of Co-operative Societies, West Bengal had no authority to make any report in respect of the Co-operative Bank and under the law the Managing Committee of the Co-operative Bank could not be dissolved by the impugned Notification dt. 1-3-1977. (b) The impugned Notification dt. 1-3-1977 is void as the Governor exercised his power without any report from the Registrar of Co-operative Societies, West Bengal or from the Central Registrar appointed under the Multi-unit Co-operative Societies Act, 1942 and issued it under political pressure. (c) The impugned Notification dt. 14-1-1981 has been issued in mala fide exercise of power out of extraneous considerations of serving the interest of the ruling political party and the Board of Administrators has been reconstituted without including a Senior Railway Officer as Chairman, although the Board reconstituted by Notification dt.29-2-1980 was running the business of the bank impartially to advance the interests of the bank without looking into the interest of the ruling political party.
(3.) The respondent 1, Union of India and the respondent 2 Central Registrar of Co-operative Societies have appeared in the proceeding but have not filed any return.;