- (1.) THIS is an application under Article 226 of the constitution challenging an order dated 2nd of September, 1978. The said order which is Annexure C to the petition is to the following effect : - "under Section 24 (1) of the west Bengal Co-operative Societies Act of 1973 (West Bengal Act no. XXXVIII of 1973), Sri A. Mukherjee Co-operative Development Officer (L and R), Calcutta is hereby authorised to hold an inquiry into the constitution, working and financial condition of the Bank Employees Co-operative Bank Ltd. , 23a, netaji. Subhas Road, Calcutta 700001, a registered co-operative society in the District of Calcutta. This authority will hold good till the 30th September, 1978. Sd/- A. C. Dey, deputy Registrar of Co-operative: societies, Central Zone, Calcutta. "
(2.) THE impugned order was passed, under section 84 of the West Bengal co-operative Societies Act, 1973. The said section reads as follows: " (1) The Registrar may, at any time, of this own motion, hold, by himself or by a person authorised by him by order in writing, an inquiry into the constitution working and financial condition of a co-operative society. (2) Such an inquiry shall be held on the application of- (a) the financial bank, if any, of which the society is a member and a debtor ; (b) a majority of the members of the managing committee of the society ; (c) one third of the members of the society, each of whom has been a member of the society for not less than twelve months immediately preceding the date of the application and shall have deposited such security for costs, if any, as the Registrar may (d) direct ; (d)creditorts representing not less than one-half of the borrowed capital of the society, who shall have deposited such security for costs, if any, as the registrar may direct : provided that, in the case of any society having more than one thousand and five hundred members, an application under this sub-section may be presented by delegates elected in the prescribed manner. (3) The Registrar shall communicate the report of any inquiry under this section or a summary thereof to the society, to the financing bank, if any, of which the society is a member, and to the creditors, who applied for the inquiry. " In this connection it may be relevant to refer to section 10 of the said Act which is as follows :- "10. Subject1 to the rules, the state Government may, by general or special order in this behalf, confer all or any of the powers, or impose all or any of the duties, entrusted to the Registrar by or under this Act, other than those specified in the First Schedule,- (a) upon any person appointed under section 9 to assist the registrar; and (b) upon any co-operative society in respect of any other co-operative society which is a member of the co-opera live society first mentioned. "
(3.) IT is not disputed that the powers mentioned in section 84 of the act are not included in the First schedule of the said Act. This is an application by the petitioners who claim to be the Chairman and Members of a registered co-operative Society in respect of which the impugned order Ms been passed. It is the case of the petitioner that in terms of Rule 27 of the west Bengal Co-operative Societies Rules the Managing Committee of the said co-operative Bank at its meeting held at the Board Room of the said co -operative Bank on 10th December, 1977 had framed regulations for the election of delegates for the annual general meeting of the said Co-operative Society. In pursuance of the said regulation the secretary of the Co-operative Society, a salaried employee issued a general notice on the 25th April, 1975 in compliance with me decision of the Managing committee. In terms of the said notice, according to the petitioner, 61 delegates were to be elected by 6037 members of the said Co-operative Society. In accordance with the said notice dated 25th april, 1978 the draft voters list was available with the said Co-operative Bank's office and no objection to the said draft notice was received on or about 31 th may, 1978. In as much as there was a sudden strike by the Officers of all the banks in India excepting the. foreign banking companies, on the 12th June, 1973 the scrutiny of 137 nomination papers which were filed by the members of the said Co-operative Society in pursuance of the notice dated. 27th april. 1978 could not be done by the managing Committee on the 28th June, 1978. It was, however, decided in the evening of the said 12th June, 1978, that the Managing Committee would scrutinize the said 137 nomination papers on the 13th June, 1978, at 3 P. M. It is the case of the petitioners that on the 13th June, 1978, at about 3 p. M. when the petitioners when petitioners the said 137 nomination papers some 150 persons of whom the majority were non-members and some members stormed the Board Room of the Managing Committee of the said Co-operatives society and physically overpowered the petitioners and coerced the petitioners under threat of physical assault to their dictation on the basis of their factional interest and political colour.;