Mahadeb Banerjee And ORS. v. West Bengal Co-Operative Election Commission And ORS.

13.05.2025 sb Ct 5

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 9679 of 2025 Mahadeb Banerjee & Ors.

Versus

The State of West Bengal & Ors.

Mr. Subhajit Panja ... For the petitioners.

Mr. Somnath Ganguli Ms. Sangeeta Roy ... For the State.

Mr. Srijan Nayak Ms. Rituparna Maitra ... For the respondent no.1.

Mr. Ankit Sureka Mr. Biplob Das Mr. Partha Sarathi Pal ... For the respondent no. 2

1. Affidavit of service filed in Court today is taken on record.

2. The instant writ petition has been filed, inter alia, praying for a direction upon the respondent nos. 1 and 2 to forthwith pass a direction upon the Assistant Returning Officer for holding election of the Board of Directors of the respondent no.4.

3. Mr. Panja, learned advocate representing the petitioners would submit that no steps have been taken whatsoever for preparation of the election schedule by finalizing the voters list, though the tenure of the board has already lapsed on 18th

March, 2025.

4. Mr. Nayak, learned advocate representing the respondent no.1, on instruction, would submit that upon expiry of the tenure of the board of the respondent no.4, steps have been taken by the West Bengal Cooperative Election Commission and Assistant Returning Officer has already been appointed on 4th March, 2025. Steps are being taken to complete the election process as expeditiously as possible.

5. Having heard the learned advocates appearing for the respective parties and noting that the Assistant Returning Officer has already been appointed, I am of the view that no fruitful purpose will be served in keeping the writ petition pending.

6. Having regard thereto, I direct the West Bengal Cooperative Election Commission to take expeditious steps for completing the election process, in accordance with law, but not later than 75 days from the date of communication of this order.

7. With the above observations and directions, the writ petition is disposed of.

8. Since no affidavit-in-opposition has been called for, the allegations made in the writ petition are deemed

not to have been admitted by the respondents. Urgent Photostat certified copy of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Raja Basu Chowdhury, J.)