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Govt. officer conducted election violating HC's Order

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There is a strong dispute regarding the membership of the Metropolitan Co operative

Housing society, ffice:smarttags" />Canal South Road,Kolkata-105. In this regard it may be mentioned that the Hon’ble Justice Sri B.P.Banerjee directed ---- “ to cancel the membership of any of the members if it was found that the membership of any of the members were inducted illegally and in contravention of the provisions of the Act and/or the Rules in this behalf”(Dated 30th January, 1985)

Corrupt Managing Committee preferred an appeal against this Order of the Hon’ble Justice Sri B.P.Banerjee . Afterwards Hon’ble Justice Sri Anil Kumar Sen and Hon’ble Justice Sri Samir Kumar Mookherjee further clarified in their judgment …

“ there is a strong dispute regarding the membership. This dispute has not been resolved nor could it be resolved by the Special Officer appointed by this Court. This could be resolved only by the Registrar, Co-operative Societies. Such being the position, an election held without a resolution of such dispute regarding the membership should not be allowed to be implemented. (FMAT/299/1985 dated 30/.09/1085)

As per the affidavit submitted by the ARCS. C.M.A.H on behalf of the Registrar of Co operative Societies , West Bengal there was 411 undisputed members and 201 disputed members in the Metropolitan Co op Housing Society. On contesting hearing of all the concerned parties, including the RCS, Hon’ble Justice Sri S.K.Mookherjee and Hon’ble Justice A.Chakraborti directed to “ hold election after elimination of disqualified members ---“ (FMAT/299/1985 dated 22.07.1994)

I asked to have following information as per Right To Information Act, 2005.

1. How did the Registrar of Co operative Societies resolve the membership dispute

of the Metropolitan Co op Housing following the direction given by the Hon’ble

Court time to time ? Names of the total disqualified members, “ who have been

inducted illegally and in contravention of the provisions of Act and /or the Rules

in this behalf”?

2 Please provide me the authenticated list of the members whose membership has been eliminated by the RCS , as per the above mentioned verdict.

In response to the application submitted for furnishing above information , the Registrar of Co op. Societies , at the instance of SPIO’s memo, furnished following information:----

  • The record does not reveal that the Registrar of Co operative Societies finally resolved the membership dispute .
  • As per no 1, question does not arise.

It has been proved without any doubt that the election held without following the High Court’s specific direction. That means --- Such being the position, an election held without a resolution of such dispute regarding the membership should not be allowed to be implemented. (FMAT/299/1985 dated 30/.09/1085)

Most interesting point is that as a Govt. Administrator of Metropolitan Coop Hsg. Soc, who conducted the election ; later on after getting two promotions he as a Registrar informed that Registrar did not finally resolve the membership dispute.

So , now it ios very clear from the above that how a govt officer disobeyed the Hon’ble Division Bench ‘s specific direction.

So, only by using RTI Act, this confession could be received, which will be used in the pending case , which was filed against the election which was held ‘ disregarding the HC verdict ‘

We are waiting for next course of action.-------Abhijeet

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Good show Abhijeet. Your perseverance has paid the dividends Good luck to you and all the other crusaders of your sociey in this on-going battle.

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Good work Abhijeet !

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Mr. Your revolution will give new message to society. Wish you very grand success.

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