Date: 12.10.2012
NOTICE FOR SPECIAL
GENERAL MEETING
It is hereby notified for
information of all members of Happy Nook Co-operative Housing Society Ltd. that
in accordance with the W.B.C.S. Act, 2006 read with the W.B.C.S. Rules, 2011
and its subsequent amendment, a Special General Meeting of the above mentioned
Society will be held on 2nd December, 2012 (Sunday) from 1.00 P.M.to
5.00 P.M. at the Community Hall of the said Society for the purpose of holding
Election of 10 (Ten) Directors for the next Five years. All the members are
hereby requested to attend the said Special General Meeting. Schedule of
election is annexed.
Agendum :- Election of 10 (Ten) Directors of the Board
(Biswatosh Sarkar)
Secretary
N.B.: i)) No. of Directors to be elected – 10 (Ten)
ii)
Qualification for being a candidate for election of Directors shall be guided
by
the
W.B.C.S. Act, 2006 read with the W.B.C.S. Rules, 2011.
iii) Every
Candidate, his proposer and Seconder thereof shall have to be a voter as
per the
list of members eligible to vote in the above mentioned election.
iv) Every member as per list of members eligible
to vote in the above mentioned
election shall bring with him / her any one of the following documents
for his /
her
identification:
Documents: i) Epic Card issued by the Election Commission of
India
ii) Passport issued by the Government of India
iii) Office Identity Card
iv) Driving License
v)
Deed or Share Certificate
vi) Ration Card / Pan Card
v) Any voter as per
list of members shall have to cast his / her vote in favour of
maximum 10
(Ten) Candidates.
vi) Voters shall
have to cast their votes on the Ballot Paper only with the instrument to
be supplied
for this purpose.
vii) In case of Joint members, the first named joint member,
or in his / her absence, other
member may
attend the special general meeting and cast his / her vote.
viii) Decision of RO / ARO shall be final in any matter
regarding election.
(Sumit
Chatterjee)
Assistant Returning
Officer
Page 1 of 2
Programme For
Election of Board of Directors
|
Sl.
No.
|
Particulars
|
Date
|
Time
|
Place
|
|
01.
|
Publication
of the final list of members who are eligible to vote
|
08.10.2012
|
11.00
A.M.
|
At
the Notice Board of the Office of the Society
|
|
02.
|
Issue
of Nomination
Papers
|
03.11.2012
to 05.11.2012
|
11.00
A.M. to 1.00 P.M.
|
From
the Office of the Society
|
|
03.
|
Submission
of Nomination Papers
|
03.11.2012
to 05.11.2012
|
11.00
A.M. to 1.00 P.M.
|
At
the Office of the Society
|
|
04.
|
Scrutiny
of Nomination
Papers
|
07.11.2012
|
At
12.00 Noon
|
At
the Office of the Society
|
|
05.
|
Publication
of list of valid Nominations
|
07.11.2012
|
Immediately
after Scrutiny
|
At
the Notice Board of the Society
|
|
06.
|
Last
Date of Withdrawal of Nomination
|
08.11.2012
|
Before
3.00 P.M.
|
At
the Office of the Society
|
|
07.
|
Publication
of list of valid (Contesting) Candidates
|
08.11.2012
|
At
3.00 P.M.
|
At
the Notice Board of the Society
|
|
08.
|
Date
of Election
|
02.12.2012
|
From
1.P.M. to 5.00 P.M.
|
At
the Community Hall of the Society
|
|
09.
|
Counting
of Votes
|
02.12.2012
|
At
5.15 P.M.
|
At
the Community Hall of the Society
|
|
10.
|
Publication
of the Result of Election
|
02.12.2012
|
Immediately
after counting
|
At
the Notice Board of the Society
|
(SUMIT CHATTERJEE)
Assistant Returning Officer
Copy forwarded for information and necessary action to Sri /
Smt ………………..Flat No: A-
Page 2 of 2
HNCHSL
/ NB / 2012-13 / 10 1st November,
2012
NOTICE
It
is notified for information of all Members / Joint Members of our Society that
the West Bengal Co-operative Societies Act, 2006 which came into force with
effect from 18th January, 2011 was subsequently amended with the
introduction of certain new provisions by the West Bengal Co-operative
Societies (Amendment) Act, 2011.
The
Sub Clause (ii) of Clause (a) of Section 12 of this Amendment Act, 2011
provided that the tenure of Board of Directors of such Societies who were
elected under the provision of sub-section (8) of Section 27 of the Repealed
Act of 1983, shall be for a period of thirty six (36) months from the dates of
their election.
In
obedience to such Amendment of the Act, the present Board of Directors who were
elected on 13.12.2009 decided to hold a Special General Meeting on 02.12.2012
to elect a new Board of Directors and as per provision of Section 96 of West
Bengal Co-operative Societies Act, 2006 and regulations made thereunder for
this purpose requested the Co-operative Election Commission to hold the
election with their superintendence, direction and control.
Accordingly,
Joint Registrar of Co-operative Societies, CMAH Cell & Returing Officer
appointed Shri Sumit Chatterjee, Co-operative Development Officer as the
Assistant Returning Officer for this election with all the powers of the
Returning Officer delegated to him. Shri Sumit Chatterjee has since made a
detailed stage-wise programme for holding the election on 02.12.2012 which has
been circulated to the Members.
Meanwhile,
Hon’ble Mr.Justice Biswanath Somadder, Calcutta High Court in his judgement
delivered on 17.10.2012 in WP 4009 (w) of 2012 between The West Bengal State
Co-operative Bank Ltd & Anr vs. the State of West Bengal & Ors has
inter alia pronounced as follows:
Quote:
As observed earlier, once the legal fiction
under a non obstante clause was introduced by the Principal Act, the three
years tenure of the Boards of all State Co-operative Societies, including the
writ petitioner no.1 who were elected under the provision of sub-section (8) of
Section 27 of the Repealed Act of 1983, was deemed to be extended for a further
period of two years, immediately upon the Principal Act coming into force with
effect from 18th January, 2011, in consonance with the proposed
Constitutional Amendment. The State, without making necessary amendment to the
Repeal and Saving clause of the Principal Act, sought to bring about a
retrograde change in the tenure of the Boards of Directors of Co-operative
Societies elected under the Repealed Act of 1983, by whittling down its tenure
from five years to three years, thereby rendering nugatory the conscious and deliberate
change that was brought about by the State earlier, upon bringing into force
the Principal Act, which was in consonance with the proposed Constitutional
Amendment.
For reasons stated above, sub-clause (ii) of
clause (a) of Section 12 of the Amendment Act is held to be repugnant to the
provision of sub-section (2) of Section 6 of the Principal Act, to the extent
it seeks to reduce the tenure of the Boards of Co-operative Societies to thirty
six months from sixty months, as originally provided under clause (a) of
Section 36 of the Principal Act and is further held to be ultra vires Article
14 of the Constitution of India. Sub-clause (ii) of clause (a) of Section 12 of
the Amendment Act is, therefore, liable to be struck down and is accordingly struck
down.
Unquote:
******************************
Quote:
Later
After
the judgment is pronounced in Court, the learned advocate for the State prays
for stay of operation of the order, which is considered and refused.
Unquote:
In
view of the above circumstances, the Board of Directors has now decided to
cancel its earlier decision of holding the election within a period of thirty
six months and would like the hold the same within a period of sixty months of
its tenure i.e. within 12.12 2014.
Accordingly
the election notification dated 12.10.2012 stands cancelled and the Joint
Registrar of Co-operative Societies, KMAH Cell & Returning Officer as well
as Shri Sumit Chatterjee, Assistant Returning Officer are being duly informed.
For
Happy Nook Co-operative Housing Society Ltd.
(Biswatosh
Sarkar)
Secretary
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