Joydev Mondal v. The State Of West Bengal And ORS.

29.04.2025 sb Ct 5

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 17649 of 2024 Joydev Mondal

Versus

The State of West Bengal & Ors.

Mr. Srinjoy Das ... For the petitioner.

Mr. Srijan Nayak Mr. Biplab Das Mr. Partha Sarathi Pal ... For the respondent nos. 2 and 3.

Mr. Sharanya Chatterjee Mr. Saptak Naskar ... Respondent no.6 Mr. Ankit Sureka Ms. Rituparna Maitra ... For the Cooperative Election Commission

1. On 2nd April, 2025, this Court, taking note of the fact that the previous direction issued by the Coordinate Bench dated 20th March, directing the cooperative election commission to be added as party respondent had not been complied with, granted leave to the advocate-on-record of the petitioner to add West Bengal Cooperative Election Commission. Since then, the election commission has been added as party. It has been submitted on behalf of the election commission that Assistant Returning Officer had

already been appointed.

2. Today, Mr. Sureka, learned advocate representing election commission has placed before this Court the report in the form of affidavit as also the copy of election schedule in respect of Times Cooperative Housing Society Limited, which is taken on record. The relevant portion of the election schedule is extracted hereinbelow:

3. From the aforesaid election schedule it would transpire

that steps have already been taken for conducting election of the aforesaid society.

4. Having regard thereto, I am of the view that at this stage there is no scope to pass any further order regarding conducting of elections.

5. Insofar as the petitioner's contention which pertains to disputes concerning the management or business or affairs of the cooperative society is concerned I am of the view that the petitioner should be permitted to avail the alternative remedy in the form of raising a dispute before the Registrar.

6. Insofar as the allegation of the petitioner that illegal and unauthorized transfer of four plots, being plot nos. 12, 14, 29 and 33 of the said cooperative society has been made, I am of the view that the Joint Registrar of Cooperative Societies should look into the matter on the basis of the representation filed by the petitioner, however, final decision in that regard may only be taken subsequent to formation of the new board. The aforesaid enquiry may also stand over till the election results are declared.

7. As such, without adjudicating the dispute raised by the petitioner in relation to the management or business or affairs of the cooperative society, the writ petition stands disposed of.

Urgent Photostat certified copy of this order, if applied for, be made available to the parties upon compliance of requisite formalities.

(Raja Basu Chowdhury, J.)