JUDGEMENT
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(1.) The petitioners were elected as the Directors of the respondent no.5, The Rampurhat Co-operative
Agriculture and Rural Development Bank Limited (in short the 'Co-operative Bank'). It was on
October 23, 2011 when the annual general meeting of the Co-operative bank was held for
constitution of its new Board of Directors and the new Board of Directors were elected on November 17, 2011 under the provisions of the West Bengal Co-operative
Societies Act, 2006 (in short "the Act of 2006"). The Board of Directors of a Co-operative Bank can continue to function for a period of 60
months from the date of assumption of office and it is obligatory on the part of the Co- operative
Election Commission to hold an election for constitution of new Board of Directors and election of
the new Directors.
(2.) In this writ petition the petitioners have challenged the notification dated October 21, 2016 issued
by the respondent no. 4 directing the Chief Executive Officer of the Co-operative Bank to assume
charge of the affairs of the Bank.
(3.) According to Mr. Bikash Ranjan Bhattacharjee learned senior counsel appearing for the petitioners, in the present case the period of five years of the life of the present Board of Directors of the
Co-operative Bank expires on November 16, 2016 and, as such, there is no scope for the respondent
no. 4 to issue the impugned notification.;
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