Calcutta High Court has refused to accept the provisions for amendment in the West Bengal Cooperative Societies (Amendment and Validation) Act, 2013, seeking to cap the tenure of the board of directors of societies at 3 years.
The impugned amendment is ultra vires the constitution the court said while disposing a writ petition on the matter. The high court also refused a stay on the operation of its order in this connection.
Since all cooperative societies are essentially democratic organisations, if their voluntary participation in the election process has resulted in duly-elected boards, the statutory tenure of those boards ought not to be disturbed,” the court said.
Ashok Bandopadhyaya, chairman of the West Bengal Cooperative Bank Limited, had filed the writ petition challenging the introduction of certain new provisions into the West Bengal Cooperative Societies Act, 2006.