Sikha Bibi v. State Of West Bengal And ORS.

21.11.2024 Sl. No.64 Ct. No.15 S.A.

WPA 24674 of 2024 Sikha Bibi -vsThe State of West Bengal & Ors.

Mr. Shahan Shah Mr. Umenun Khan Mr. Soumen Barman ...for the petitioner Mr. Amal Kumar Sen Ms. Ashima Das (Sil) ...for the State Mr. P. K. Roy Mr. Biplab Das ...for respondent nos.3, 4 & 5 Mr. Amanul Islam Mr. Sourav Mukherjee ...for respondent no.7 Mr. Srijan Nayak Ms. Rituparna Maitra Mr. Ankit Sureka ...for Cooperative Election Commission The petitioner claims to be a member of a selfhelp group, namely Unnayan Swanirvar Gosthi, under Respondent No. 7, a primary cooperative society. The petitioner alleges that, although the self-help group nominated her to represent it in the election for the formation of the Board of Directors of Respondent No. 7, she was not provided with the necessary forms for such representation by Respondent No. 6.

Mr. Srijan Nayak, learned counsel appearing for the Cooperative Election Commission, submits that the election for the formation of the Board of Directors of Respondent No. 7 was held on October 27, 2024. A total of 183 self-help groups were eligible to send

representatives for the election. Out of these 183 groups, 163 groups sent their representatives who participated in the election.

Mr. Nayak denies the petitioner's allegations, stating that the petitioner never approached Respondent No. 6 for the necessary forms for representing the self-help group.

Learned counsel for Respondent No. 7, on the other hand, submits that the notice for collection of the form was duly served upon the self-help group, and that the Secretary of the self-help group received the notice. However, the group failed to take any step to send its representatives.

In my view, such disputed facts cannot be adjudicated in this writ petition. The petitioner could have raised an election dispute under Section 3(35)(1) of the West Bengal Cooperative Election Commission Regulation, 2012. Since the election has already been completed, I find no grounds for interference at this stage based on the disputed facts alleged in the writ petition.

Accordingly, WPA 24674 of 2024 is dismissed.

Urgent certified photocopy of this order, if applied for, be supplied to the parties on compliance of usual legal formalities.

(Kausik Chanda, J.)