Radhashyam Jana And ANR v. State Of West Bengal And ORS.

23.02.2022 Court No. 19 Item no.20 CP WPA 2102 of 2022 Radhashyam Jana & anr.

Vs.

The State of West Bengal & Ors.

Mr. Subhajit Panja ..for the petitioners.

Mr. Raja Saha Mrs. Rupsha Chakraborty ....for the State.

Despite service, none appears on behalf of the West Bengal Co-operative Election Commission. The petitioner No.1 is the Secretary of the Soyla Kismat-Soyla Samabay Krishi Unnayan Samity Ltd. (hereinafter referred to as 'the said cooperative society'). The petitioner No.2 is the society. The petitioner prays that as the tenure of the board expires on February 25, 2022, the West Bengal Cooperative Election Commission (hereinafter referred to as 'the Commission'), must be directed to make preparations for holding the election of the said cooperative society. Reliance is placed on several representations filed before the Commission.

The prayer of the petitioner appears to be innocuous. It appears that only election of the board

and office bearers will be necessary. There is no necessity of the delegate election as such.

The writ petition is disposed of with a direction upon the Commission, i.e., the respondent no. 2 herein, to take into consideration the prayers of the said cooperative society and make preparations for an early election in accordance with law.

The Commission is requested to complete the process within three months from the date of communication of this order.

In the meantime, if any special officer is appointed, the said officer will cooperate with the Commission and discharge all functions, independently.

The writ petition is, thus, disposed of. There shall be no order as to costs.

Parties are to act on the server copy of this order.

(Shampa Sarkar, J.)