Debashis Mukherjee And Another v. State Of West Bengal And ORS.

173 01.03.2024 NB Ct. 24 In The High Court At Calcutta Constitutional Writ Jurisdiction (Appellate Side) WPA 4627 of 2024 Debashis Mukherjee & Anr.

Vs.

The State of West Bengal & Ors.

Mr. Sunanda Mohan Ghosh.

..for the petitioners.

Mr. Srijan Nayak, Mr. Biplab Das.

....for the respondent no.2.

Mr. Ankit Sureka, Mr. Partha Sarathi Pal.

....for the respondent no.3.

The matter relates to election of the Gobindapur Samabay Krishi Unnayan Samity Limited. The date of election is scheduled on 10th March, 2024 at a venue where a religious programme is due to be held on the same date. There are approximately 2300 members who are to cast their votes on the said date.

The petitioners submit that it will not be possible for so many voters to assemble at the said venue for casting their votes because of the religious programme that will be held there.

The petitioners filed a representation before the Cooperative Election Commission with copy to the Registrar, Cooperative Societies, DRCS and the Assistant Returning Officers seeking change of the venue of the election. The said

representation is pending consideration from 19th February, 2024.

Learned advocate representing the respondent authorities submits that if the venue is changed then, the changed venue is required to be made known to all the members. The same would require some time.

Prayer has been made for extension of time to conclude the election process.

In view of the submissions made hereinabove, the instant writ petition is disposed of by directing the Cooperative Election Commission to conclude the process of election positively by 10th June, 2024.

Prior to fixing the venue, the Commission shall take into consideration the representation filed by the petitioners on 19th February, 2024.

Learned advocate for the petitioner is directed to forward a copy of the representation received in the office of the Cooperative Directorate on 19th February, 2024 at the time of communicating the order of the Court.

A copy of the wit petition shall also be forwarded to the Assistant Returning Officer at the time of communicating the order of the Court.

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.)