Chandidas Neogi And ANR v. State Of West Bengal And ORS.

22.02.2024.

PB Sl. No.7.

WPA 4248 of 2024 Chandidas Neogi & Anr.

Vs The State of West Bengal & Ors.

Mr. Samiran Mandal, Mr. Abhinaba Dan, Mr. Nitish Samanta.

... For the Petitioners.

Mr. Srijan Nayak, Mr. Biplab Das.

.......for the respondent nos.3 and 7.

Mr. Ankit Sureka, Mr. Partha Sarathi Pal.

.......for the respondent nos.2,4&5.

Mr. Sirsanya Bandopadhyay, Mr. Arka Kr. Nag.

........for the State.

The petitioners are the elected delegates and they intend to contest for election to the Board of Directors of the Co-operative Bank. The petitioners allege that they were not permitted to collect the nomination paper for contesting the election. The election schedule annexed to the writ petition suggests that date for filing nomination paper is long over. The petitioners allege that complaint was lodged before the Deputy Registrar of Co-operative Societies, Bankura Range on 6th February, 2024, but no steps have been taken to consider the same by the said authority.

It appears from the submission made on behalf of the parties that in total, there are 66 delegates from whom the Board of Directors is to be elected. The date of election is scheduled on 1st March, 2024. The writ petition has been filed before this Court on 17th February, 2024. There is still some time left for consideration of the grievances of the petitioners. As the process of election is already on, stalling the same at this stage will not be proper.

In view of the above, leave is granted to the petitioners to approach the Commissioner, West Bengal Co-operative Election Commission with their grievances. In the event any such representation is filed before the aforesaid authority by 23rd February, 2024, the same shall be considered by the aforesaid respondents by 27th February, 2024 and if the allegation(s) made by the petitioners appear to be proper, then necessary remedial steps shall be taken by the Commissioner.

Leave is granted to the advocate-on-record of the petitioners to implead Cooperative Election Commission and its Commissioner as party respondent in the instant writ petition.

The writ petition stands disposed of.

Instruction forwarded by Inspector-inCharge, Bankura Police Station signed on 21st February, 2024 be kept with the record.

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

(Amrita Sinha, J.)