Susanta Chatterji, J. - (1.) The present writ petition has been filed by Alenbee Co. operative Housing Society at 16B, Lake View Road, Calcutta and the Secretary of the Managing Committee. It is stated that the petitioner no. 1 is a co-operative housing society and the petitioner no. 2 is the secretary of the Managing Committee constituted on 22nd December, 1985. The first Managing Committee of the petitioner no. 1 society was constituted on 4th September, 1974 and possession of the respective flats were handed over to the respective flat owner/members of the society during the tenure of the first Managing Committee. The 4th Managing Committee being constituted on 18th April, 1984 it issued a notice of the 9th Annual General Meeting to be held on 16th of June, 1985 and in the said Annual General Meeting, the directors were elected. The report of the said election was sent to the Deputy Registrar, Co-operative Society (Housing), Calcutta Metropolitan area on 17th June, 1985 and thereafter on 10th July, 1985 the office bearers of the Managing Committee were elected it is further stated that by a letter dated 12th July, 1985, the respondent No. 5, the Deputy Registrar, Co-operative Society (Housing), Calcutta Metropolitan area informed the then Managing Committee that since all the statutory agenda as per section 21(1) of the said Act had not been covered in the notice is even for the Annual General Meeting, the same could not be considered to have been lawfully convened or held. It is also stated that thereafter on 23rd September, 1985, the State Government issued a notification under the signature of the respondent No. 3 under 27(2) of the Co operative Societies Act and by the said notification, the proceedings of the general meeting held on 76th June, 1983 were rescinded for non-compliance of Section 21(1) of the Act. Thereafter the State Government issued another order under the signature of the respondent No. 3 dated 18th October, 1985 to the effect that special circumstances do exist necessary the calling by the Registrar, Co. operative Society of a general meeting and as such in exercise of the power conferred under Section 21(4) of the said Act, the Governor was pleased to permit the Deputy Registrar of Co. operative Society (Housing) to call the general meeting of the petitioner society within 3 months from the date of issue of the said order. In compliance with the order dated 18th October, 1985 the respondent no. 5 issued a notice of Annual General Meeting to be held on 22nd December, 1985. The agenda of the said meeting included election of six directors to re-constitute the Managing Committee as per programme of the election on 22nd December, 1985, election of six directors to reconstitute the Managing Committee was held in the Annual General Meeting as convened by the Deputy Registrar, Co-operative Societies (Housing) in terms of the Government order dated 18th October, 1965 within one mouth of date of the election of office bearers of the Managing Committee, the said newly constituted Managing Committee took over the charge of the office and effective steps were taken for managing and controlling the affairs of the said society. By a letter dated 27th January, 1986, all the papers of the said annual general meeting held on 22nd December, 1985 as well as the election of the office bearers on 20th January, 1986 were sent to the respondent no. 5 who convened said meeting under the order of the Government. Thereafter, the newly constituted managing committee of the said society had been carrying on their duties in compliance with the statutory provision as well as the bye laws of the society. On 3rd March, 1986, a notification was issued by the State Government that the newly constituted managing committee has been dissolved under proviso to Section 26(1) of the said Act and an administrator was appointed in place of the managing committee for a period of one year. In the said notice, it was alleged that the newly constituted managing committee had convened the general meeting of the society on 16th June, 1985 in violation of Section 21 of the said Act and has directed funds of the society for purposes other than those approved in the annual general meeting.
(2.) Being aggrieved by and dissatisfied with the purported exercise of power under proviso to Section 26(1) of the said Act and issuance of the impugned notice of dissolution of the managing committee dated 3rd March, 1986 the present petition was moved on 18th March, 1986, an interim order was made on 18th March, 1986 there was a direction to maintain status qua for a period of two weeks. There was a direction to complete the affidavits on 8th April, 1986, the interim order was varied to the extent that the Bank respondent No. 7 would be at liberty to make available the total amount of Rs. 5,500/- to meet the usual and monthly expenditure on 21.4.1986, the application for addition of party was allowed Ors subsequent dates, the petitioners were allowed to withdraw sums to meet the day-to-day expenditure.
(3.) Since all affidavits were complete, the matter was taken tip for final hearing.;