- (1.) In this application the petitioners have challenged an order dated 24th December, 2004, passed by the Deputy Registrar of Co-operative Society thereinafter referred to as DRCS) whereby and whereunder the Board of Directors of the petitioner No. 1 was directed to call a special general meeting of the said Society under Clause (b) of sub-section 1 of Section 29 of the West Bengal Co-operative Societies Act, 1983 (hereinafter referred to as the said Act), within three months from the date of issue of the said order for the purpose of dissolving the Board of the said Society and to re-constitute the same. The facts of the case are as follows :- The tenure of the previous Board of Directors of the respondent No. 1 (hereinafter referred to as the said Society) expired on or about 16th December, 2003. Accordingly, the election process for Constitution of the Board of Directors commenced on 13th of December, 2003 and which was adjourned till 20th December, 2003, when the election was completed and the presenl Board of Directors were elected. The said Board continued to function for about four months, thereafter it received the order dated 21 st April, 2004, issued by the DRCS intimating that in exercise of power conferred under Section 93(1) of the said Act an enquiry officer has been appointed to conduct an enquiry into the Constitution, working and financial condition of the said Society which special reference to a complaint dated nil lodged by the one Shri B. K. Ghosh and 20 other-persons stated to be the members of the said Society.
(2.) The said Enquiry Officer by a letter dated 28th of April. 2004, directed the said Society to appear before him on 6th of May, 2004 and to produce certain records and particulars whereof are given in the said letter.
(3.) On 6th May, 2004, the representatives of the said Society duly attended the office of the Enquiry Officer as he was not present the matter did not proceed any further. By another order dated 8th of April, 2004, passed by the DRCS, the authority of the enquiry officer to hold the enquiry and extend dated 1 st of April, 2004. By another order dated 22nd of June, 2004, the said DRCS informed the Society that a petition has been filed by the said Shri B. K. Ghosh and 7 other persons raising some allegations in the matter of election of Board of Directors held in the Annual General Meeting of the Society held on 20th December, 2003. By the said order the Society was directed not to destroy the ballot papers and other records relating to the election during further orders. The said direction was given in exercise of power conferred under Rule 36 (20) of the Rules framed under the said Act (hereinafter referred to as the said Rules).;