Ruma Pal, J. - (1.) The first writ petitioner is a Housing Society. The other two petitioners are office bearers of the petitioner Society. They have filed this writ petition challenging an order by which an administrator has been appointed over the Society to manage its affairs and to take steps to re-constitute the Board of Directors of the Society in an Annual General Meeting. The order which is dated 17th June 1994 was passed by the Deputy Registrar of the Co-operative Societies (Housing) under sect on 30 (1) of the West Bengal Co-operative Societies Act, 1983 (hereinafter referred to as the Act).
(2.) Basically the challenge is four fold. The first is that the order was passed without any service of notice as was a mandatory precondition under section 30 (1) of the Act. The second is that in any event, no administrator could have been appointed without the Board being given an opportunity of being heard. The third submission is that the procedure prescribed had not been followed in appointing the administrator. The fourth and final submission is that the impugned order had been passed on the basis of report which had not been communicated to the petitioners under section 93 (3) of the Act.
(3.) The Society was formed in respect of 8 residential flats on plot of land in Salt Lake City. According to the petitioners each flat was to be allotted to a member of the Society. Originally, there were 10 members but as only 8 flats were to be built, two members were retained as nominal members with the advantage of obtaining flat on priority basis in the event of any vacancy in the membership. According to the petitioners, one Ashok Kumr Nandi defaulted in paying the instalments and as such he was expelled from membership. A dispute case was started by A.K.Nandi under section 95 of the Act. An Arbitrator was appointed who has held in favour of A.K.Nandi. An appeal was preferred before the Co-operative Tribunal where the matter is still pending. It is necessary to state these facts in view of the allegation made that it was at the instance of A.K.Nandi that the impugned order dated 17th June 1994 was passed.;