Suman Moitra And ORS v. Union Of India And ORS.

18-07-2025 Item No.5 & 6 Subrata Bhattacharyya IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side AR(C) WPA No.15297 of 2025 Suman Moitra & Ors.

-vsThe Union of India & Ors.

Mr. Srinjoy Das Mr. Aritra Ghosh Ms. Jui Jana Mr. Saroj Banerjee ...for the petitioners Mr. Prabir Bhowmick Mr. Subit Majumdar ...for the Union of India Mr. Uday Sankar Chattopadhyay Ms. Bidisha Chakraborty Ms. Sadia Parveen ...for respondents no.5 & 6 1.

The petitioners claim to be bona fide members of Bharatiya Postal Employees Association Group C from Barasat Division. An election was conducted by the Employees' Association under the supervision of the observer. The office bearers were elected and the list of the names of such office bearers was forwarded for approval to the Superintendent of Post Offices, Barasat Division on June 30, 2025. The approval is awaiting till date. In the meantime, another unit of the Association has declared election which is scheduled to be held on July 20, 2025.

2.

A report of the independent Observer and Inspector of Posts, Basirhat 1st Sub Division dated July 4, 2025 has also been placed before this Court; let it be taken on record.

3.

The petitioners pray for a direction upon the

Superintendent of Post Offices to approve the list of office bearers who were elected in the election which was conducted on June 29, 2025.

4.

Learned counsel representing the fifth and sixth respondents being the private respondents herein submits that no election was conducted on June 29, 2025, and that the State committee communicated a letter to the Superintendent of Post Offices to stop the election.

5.

A notice which is allegedly in support of the election to be held by the private respondents is annexed at page 55 of the writ petition. The notice appears to be dated June 25, 2024 and it was signed by the Secretary of the Employees' Association on June 25, 2025 and the notice mentioned that the election is scheduled to be held on July 20, 2026.

6.

On a perusal of the said notice, it appears that the dates appearing in it are absolutely incorrect. An election ought not to be held relying on a notice which has so many errors. Any election held relying on an erroneous notice cannot be held to be valid.

7.

In view of the above, the instant writ petition is disposed of by directing the fourth respondent - The Superintendent of Post Offices, Barasat Division - to take a decision on the communication made on June 30, 2025 taking into consideration the report of the independent Observer and Inspector of Posts, Basirhat 1st Sub Division dated July 4, 2025 in accordance with law at the earliest but positively within a fortnight from the date of communication of this order. The fate of the consideration shall be made known to all concerned.

8.

All parties are to act on the server copy of this order duly downloaded from the official website of this Court.

9.

Certified copy of this order, if applied for, shall be made available to the parties.

[Amrita Sinha, J]