Sushil Kumar Ghosh v. State Of West Bengal And ORS.

05.01.2024 s.h.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A. 187 of 2024 Sri Sushil Kumar Ghosh -versus The State of West Bengal & Ors.

Mr. Om Narayan Rai Ms. Deblina Lahiri Mr. Mrinmoy Chatterjee Mr. Piyas Choudhury ... for the petitioner.

Mr. Lalit Mohan Mahata Mr. Rudranil De ... for the State.

Mr. Srijan Nayak Mr. Ankit Sureka Mr. Biplab Das ... for the Cooperative Election Commission.

Mr. P.K. Roy Mr. Joydeep Roy Mr. Partha Sarathi Pal ... for the respondent no. 3 & 4.

The petitioner raises certain issues with regard to the election of a Cooperative Society which is scheduled on January 7, 2024.

It appears from the cause title of the writ petition that the Cooperative Election Commission has not been impleaded as party respondent in the instant writ petition.

Copy of the writ petition has, however, been served upon the learned advocate who usually represents the Cooperative Election Commission before this Court. The learned advocate has also obtained instruction from the Election Commission apropos the allegations made by the petitioner in the writ petition.

Leave granted to the learned advocate of the petitioner to implead the Cooperative Election Commission as party respondent in the instant writ petition.

As it appears that the election is scheduled on January 7, 2024 and there is hardly any time to adjudicate the issue, accordingly, the Election Commission is directed to treat the writ petition of the petitioner as representation and consider and dispose of the same in accordance with law after hearing all the necessary parties and take necessary consequential steps, if required.

Learned advocate for the petitioner is directed to immediately transmit a copy of the writ petition in the office of the Cooperative Election Commission. A decision shall be taken by the Commission by 5 p.m. today. The writ petitioner may be permitted to be represented by the learned advocate.

Reasoned order shall be communicated to the learned advocate of the petitioner in the e-mail ID that is provided in the writ petition.

The Cooperative Election Commission is directed to act on the basis of the server copy of the order duly downloaded from the official website of the Hon'ble High Court at Calcutta.

The writ petition stands disposed of.

Urgent certified copy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

( Amrita Sinha, J.)