Samir De Kabiraj And ORS v. State Of West Bengal And ORS.

S/L 7 23.02.2022 Court. No. 19 sn W.P.A. 1154 of 2022 Samir De Kabiraj &Ors.

VS The State of West Bengal & Ors.

Mr. D.K. Sengupta Ms. Sweta Saha ... for the Petitioner.

Mr. Pradip Kr. Ray Mr. Ankit Sureka Mr. Partha Sarathi Pal ...for the Co-op. Elec. Commission Mr. Debjit Mukherjee Ms. Susmita Chatterjee ..for the State The petitioners pray for a direction upon the respondents to hold the elections of the co-operative society.

Mr. Mukherjee, learned advocate for the State respondents submits that the election is to be conducted by the Co-operative Election Commission, West Bengal. That there was an embargo in holding such election due to rise in the Covid-19 infection, during third wave. As such, the commission was not in a position to conduct the election of the Co-operative Society, earlier.

Mr. Ray, learned advocate for the commission submits that the Returning Officer and Assistant Returning Officer have already been appointed for the purpose of conducting the election of Kamalpur Samabay Krishi Unnayan Samity Ltd. It is also

submitted by him that some time would be required to complete the election.

As this is an election of a Co-operative Society having around 600 members and elections of delegates was not required under the law, the Court expects that the entire election process must be completed within a period of three months from date. It is also appears that a Special Officer, namely, the Inspector of Cooperative Societies, Singur Development Block, has been appointed as there is no functional board. The Special Officer and other members of the society shall co-operate with the commission during the entire process so that this order is complied with, within the time limit mentioned hereinabove.

Accordingly, the writ petition is disposed of. There will be however no order as to costs.

All parties are directed to act on the basis of server copy of this order and/or the learned advocate's communication.

(Shampa Sarkar, J.)