- (1.) The petitioners were served with a show-cause-notice dated 19th July, 2002 issued under Section 30 (1) of the West Bengal Co-operative Societies Act, 1983 (hereinafter referred to as the said Act), From the said show-cause-notice it appears that the Assistant Registrar of Co-operative Societies (ARCS) had formed an opinion on the basis of a report of enquiry held under Section 93 of the said Act that the petitioners had misused some funds in connection with purchase of a land. The petitioners replied to the said show-cause-notice by a letter dated 3rd August, 2002 wherein it was, inter alia, contended that since copy of the said enquiry report was not served, appropriate answer could not be given. Subsequent thereto, by a communication dated 26th August, 2002 ARCS forwarded the copy of the enquiry report. Upon receiving the same, the petitioners, by a letter dated 8th September, 2002 gave a detailed reply to the said enquiry report. Thereafter, the ARCS had passed the impugned order dated 24th September, 2002 whereby an administrator was sought to be appointed and the Board of Directors of the petitioner was asked to vacate its office.
(2.) The petitioners have contended that the impugned order is bad in law, inasmuch as without dissolving the Board, no administrator can be appointed and in support of the said proposition, a decision reported in 1994 (2) CLJ 140 was relied upon. It was also submitted that in terms of Section 30 sub-section (1) of the said Act that the Registrar after service of the notice upon the Board is required to give an opportunity of hearing and only thereafter can pass an order in writing giving reasons for dissolution of the Board.
(3.) It is also submitted that the impugned order does not give any reasons as to why the Board has been dissolved nor does it deal with any of the points that has been mentioned in the reply to the enquiry report given by the petitioners.;