Authority: High Court at Calcutta, Civil Appellate Jurisdiction

Order Date: 15 October 2026

Case Overview

  • Appeal FMAT 441 of 2026 (with CAN 1 of 2026) filed by The Secretary, Panskura Vidyasagar Social Welfare Society and Anr. against the District Magistrate and Collector, Purba Medinipur and others.
  • Plaintiffs seek recovery of money allegedly defalcated by private respondents (defendants 6, 7, 8), declaration that only the plaintiffs have authority to submit annual returns and to act on behalf of the Society, and an injunction restraining the private respondents from representing the Society or operating its bank accounts.
  • Trial Judge had observed a prima facie case but issued a blanket status‑quo order on 24 September 2026 restraining both plaintiffs and respondents from any transaction on the Society’s bank accounts.
  • Plaintiffs allege that on 23 February 2026, the President (Shri Amiya Kumar Sahoo) presided over a meeting where the private respondents were removed from the posts of Secretary, Treasurer and membership.
  • The same day, the private respondents allegedly forged the President’s signature to send a letter to the Joint Registrar, claiming they were designated signatories and seeking to cancel minutes of a previous AGM and re‑file annual returns.
  • On 10 May 2026, the private respondents purportedly held another meeting, appointing themselves to various portfolios and began operating the Society’s bank accounts, collecting money from students and forming social‑media groups.
  • Respondents contend they are the valid functionaries, argue the suit is barred under Section 19 of the West Bengal Societies Registration Act, 1961, claim the President’s term expired with FY 2024‑2025, and that the earlier Executive Committee became defunct, making their May 2026 election legitimate.
  • The court examined the plaint, noting plaintiff No. 1 is the Secretary of the Society and plaintiff No. 2 (Ms. Payel Sahoo) is the same person in an individual capacity, appointed Secretary in February 2026, supported by minutes dated 16 and 23 February 2026.
  • The court held that expiry of an Executive Committee’s tenure does not automatically render the Society defunct; a new body must be validly elected. Since the private respondents were removed on 23 February 2026, they lacked locus standi to convene the May 10 meeting.
  • Regulation 13 of the Society’s rules requires the President, Secretary and Treasurer (any jointly) to operate bank accounts, and the President at that time remained Shri Amiya Kumar Sahoo.

Final Outcome

  • The appellate court allowed FMAT 441 of 2026, setting aside the impugned order dated 24 September 2026.
  • It granted an ad‑interim injunction restraining respondents 6, 7 and 8 from representing themselves as office bearers of the Panskura Vidyasagar Social Welfare Society or from operating its bank accounts until the trial judge disposes of the temporary injunction application.
  • The private respondents must file written objections to the injunction by 13 November 2026.
  • The trial judge is directed to decide the injunction application as expeditiously as possible, preferably by 15 December 2026.
  • The merits of the underlying suit remain undecided; the injunction is provisional.
  • No order as to costs; certified copies of the judgment to be supplied upon compliance with formalities.

Topics: Society Governance, Interim Injunction