Pratima Sarkar And ANR. v. State Of West Bengal And ORS.

15.09.2022.

p.b.

Sl. No.72.

W.P.A. 16862 of 2022 Smt. Pratima Sarkar & Anr.

Vs.

The State of West Bengal & Ors.

Mr. P. C. Bhattacharya.

........for the petitioners.

Mr. Pantu Deb Roy, Mr. Subrata Guha Biswas.

........for the State.

Mr. Ankit Sureka, Mr. P. S. Pal.

.......for the respondent no.3&4.

Mr. Srijan Nayak, Mr. Biplob Das, .......for the respondent no.2.

Heard learned advocates appearing for the parties. Petitioner has filed this writ petition being aggrieved by the intimation dated 8th July, 2022 at page 25 of the writ petition issued on 8th July, 2022 by the Secretary, Cooperative Election Commission, West Bengal, asking the Returning Officer to start the election process de novo by rectifying the alleged defects on the basis of a complaint dated 8th July, 2022.

Pursuant to the direction of this Court dated 13th September, 2022, Mr. Nayak, learned advocate appearing for the election commission authority has produced the said complaint and on perusal of it, I find no substance and material and the same is a flimsy complaint. It appears from record being Annexure P-6 at page 22 of the writ petition that schedule of election was already finalized

by the Returning Officer on 6th June, 2022 and different steps were indicated there date-wise. It has been submitted that upto the stage of scrutiny, the nomination paper was completed as per said schedule and after reaching that stage, direction for de novo of election process was given which is unjustified and unreasonable according to the petitioner.

Considering the submission of the parties, the Returning Officer concerned shall prepare a fresh schedule of election for the remaining process from the stage of scrutiny of nomination papers. Needless to mention that the election authority concerned shall expedite the whole election process and complete the same preferably within two months from the date of communication of this order. With this observation and direction, the writ petition being WPA No.16862 of 2022 is disposed of.

(Md. Nizamuddin, J.)