C.N.Laik, J. - (1.) This Rule, touching the election of a Co-operative Society, arises on an application under Article 220 of the Constitution of India praying inter alia for a writ in the nature of mandamus, calling upon the respondents to recall, rescind and withdraw and not to give effect or to take any steps in relation to the three notices dated July 13, 1961, August 14,1961 and Sept-ember 13, 1961 and to command each one of them to forbear from holding the election with the help of the delegates elected by the Election Sub-Committee and for other appropriate writ or writs, directions or orders.
(2.) The two petitioners are employees of the Gun and Shell Factory, Cossipore, and of the Inspectorate of Armaments, being an allied organisation of the Factory. But the organisations are under the control and management of the Government of India. A Co-operative Society in the name of the Gun and Shelf Factory Co-operative Society Limited (hereinafter referred to as the Society) was formed and registered under the provisions of the Bengali Co-operative Societies Act, 1940 (shortly stated hereinafter as the Act). In exercise of the powers conferred by Section 140 of the Act, the Rules were framed by the State Government, namely, the Bengal Co-operative Societies Rules, 1942 (hereinafter stated to be the Rules),
(3.) The petitioners are stated to be the members of the Society at material times. I am told the number of the members exceeds five thousand. The State of West Bengal is the respondent No. 1 in the instant Rule. The registrar and the Assistant Registrar of the Co-operative Societies of the Slate of West Bengal and one of their Officers are respondents Nos. 2, 3 and 7 respectively. The Society itself is respondent No. 4. The Managing Committee of the Society and its' Chairman are respondents Nos. 5 and 6 respectively. The added respondents Nos. 8 to 13 are the newly elected Directors of the Managing Committee of the Society.;