Panchanan Sil v. State Of West Bengal And ORS.

12.08.2021 Sl. No.21 srm W.P.A. No. 12653 of 2021 Panchanan Sil Vs.

The State of West Bengal & Ors.

Mr. Prosenjit Mukherjee, Mr. Saptarshi Chakrabroty ...for the Petitioner.

Mrs. Rituparna Maitra, Mr. Ankit Surekha ...for the Co-operative Election Commission.

Mr. Santanu Kumar Mitra ...for the State.

Affidavit-of-service is taken on record.

Despite service, none appears on behalf of the respondent Nos.9 and 10. Affidavit-of-service shows that the respondent Nos.9 and 10 have been served personally. The petitioner contends that a representation has been made to the Assistant Returning Officer, Bainchi CADC Berela Sech O SKUS Ltd. P.O. & P.S. Pandua, District-Hooghly as also the Deputy Registrar of Co-operative Societies, Hooghly Range, Zilla Parishad Building, Hooghly dated August 9, 2021 praying for exclusion of the names of the respondent Nos.9 and 10 from the list of Directors of the Board of the said cooperative society. Such representation has not yet been disposed of.

Under such circumstances, this writ petition is disposed of with a direction upon the Assistant Returning Officer, Bainchi CADC Berela Sech O SKUS Ltd. P.O. & P.S. Pandua, District-Hooghly to dispose of the representation of the petitioner in accordance with law upon hearing the petitioner as also the respondent Nos.9 and 10 and pass a reasoned order on August 13, 2021.

The petitioner is directed to immediately communicate this order upon the respondent Nos.9 and 10 so that they may be present in the office of the Assistant Returning Officer, Bainchi CADC Berela Sech O SKUS Ltd. P.O. & P.S. Pandua, District-Hooghly.

This order is being made without entering into the merits of the claims and counterclaims of the parties. The respondent No.4 shall pass an order in accordance with law and communicate the same to all the stakeholders by the end of the day. The respondent No.4 will satisfy himself about the communication of this order upon the respondent Nos.9 and 10 before holding the hearing.

This writ petition is, thus, disposed of.

There will be, however, no order as to costs. All parties are to act on the communication of their respective learned Advocates.

All parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)