DIPTI KUMAR SAIN Vs. STATE OF WEST BENGAL & ORS.
HIGH COURT OF CALCUTTA
DIPTI KUMAR SAIN
STATE OF WEST BENGAL AND ORS.
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(1.)The controversy in the present Rule lies within a very narrow compass. The petitioner is a member of a Co-operative Society known as the Burdwan Zonal Co-operative Multipurpose and Marketing Society Limited which is registered under the Bengal Co-operative Societies Act, 1940 (hereinafter referred to as the Act).
(2.)A notice was issued on the 20th April, 1970 stating that the 14th Annual General Meeting of the Society will be held on the 17th May, 1970. According to the petitioner, the place of the meeting was fixed at an agricultural farm belonging to the Society which was not the Registered Office of the Society. According to the petitioner, this was contrary to law. Accordingly, the petitioner raised a dispute contesting the election which was referred to an Arbitrator under the appropriate provisions of the Act. The Arbitrator upheld the contentions of the petitioner and held that the General Meeting was void. From that, an appeal was taken by one of the Directors of the Society. The appeal was heard by the Assistant Registrar of Co-operative Societies, Burdwan and was dismissed on the 2nd July, 1971.
(3.)Being aggrieved by the Appellate Order, the Secretary of the Society and one Aloke Nath Mukherjee, a Director of the Society filed a petition for review under Sec. 135 (1) of the Act.
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