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Calcutta High CourtWPA/23482/2024disposed

Md. Anowar Hossain v. The State Of West Bengal And ORS.

2025-03-06Hon'Ble Justice Kausik Chanda2 pages

Sl. No.171 06.03.2025 Suman Ct. 15 WPA 23482 of 2024 Md. Anowar Hossain Vs.

The State of West Bengal and Ors.

Mr. Amitava Raha ..for the petitioner Mr. Ankit Sureka Mr. Biplab Das ..for respondent nos. 4 and 5.

Mr. Srijan Nayak Ms. Rituparna Maitra ..for respondent no.3.

It is not disputed that in terms of the order dated May 14, 2024, passed by a Co-ordinate Bench of this Court in WPA 12132 of 2024, the election of Vhado Anchal SKUS Limited Ratua-I, was held on September 15, 2024. The petitioner, by filing this writ petition, alleges that he has been prevented from filing his nomination as a candidate for the said election.

It has been submitted by the learned advocate appearing for the petitioner that the election was held without notifying the election, as per law.

However, this factual aspect cannot be decided by this Court.

Accordingly, I grant liberty to the petitioner to raise the dispute before the Election Commission in terms of Section 3(35)(i) of the West Bengal Cooperative Election Commission Regulations, 2012.

It appears that this writ petition has been filed on September 12, 2024.

If any election dispute is filed by the petitioner within a period of one month from date, the Election Commission shall consider the same regardless of limitation of thirty days as provided in Section 3(35)(i) of the West Bengal Cooperative Election Commission Regulations, 2012.

Accordingly, WPA 23482 of 2024 is disposed of. Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on usual undertakings.

(Kausik Chanda, J.)