Archana Das Bairagya And ORS. v. State Of West Bengal And ORS.

Sl. No.203 20.03.2025 Suman Ct. 15 WPA 4731 of 2025 Archana Das Bairagya and Ors.

Vs.

The State of West Bengal and Ors.

Mr. Sankar Paul Ms. Kumari Shipra Roy ..for the petitioners Mr. Ovik Sengupta Mr. Vijay Kumar Verma ..for respondent nos. 10 to 14.

Mr. P. K. Roy Mr. Ankit Sureka Mr. Asis Dutta ..for respondent nos. 2 and 4.

Mr. Srijan Nayak Ms. Rituparna Maitra ..for Cooperative Election Commission In this writ petition, the following prayers have been made:

"(a) A writ and /or writs in the nature of mandamus do issue thereby declaring the said election being held 27.10.2024 in pursuance of Notice dated 15.09.2024 and purported voter list dated 14.09.2024 is null, void, illegal and as the said Special (Election) General Meeting 2024-25 and 27.10.2024 are liable to be quashed and / or cancel;

(b) A writ and/or writs in the nature of mandamus do issue commanding to the Respondent Nos. 3, 4, 5, 6 and 7 and their men and agent and officers shall not give effect to the said Special (Election) General Meeting

2024-25 dated 27.10.2024 and meeting held on dated 19.11.2024;

(c) A writ and/or writs in the nature of mandamus do issue commanding forth with to the respondent No.3 and 4 conduct election of the society afresh upon publishing a valid voter list and form the board of directors / office bearers of the said society immediately;"

The Election Commission has submitted that the election was conducted on October 27, 2024, subsequent to which a new Board has already been constituted.

At this juncture, there is no scope to pass the orders as prayed for in this writ petition.

The petitioners shall be at liberty to raise the election dispute before the appropriate forum, provided they are entitled to do so, in accordance with the law.

Accordingly, WPA 4731 of 2025 is dismissed.

Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on usual undertakings.

(Kausik Chanda, J.)