Calcutta High Court (Appellete Side)
N. Lachman Rao And Another vs State Of West Bengal & Ors on 20 September, 2019
Author: Moushumi Bhattacharya
Bench: Moushumi Bhattacharya
1
0th September,
2019
(SKB)
W.P. 18746 (W) of 2019
N. Lachman Rao and another
Vs.
State of West Bengal & ors.
Mr. Indrajit Ganguly,
Mr. Amal Kumar Datta
... for the petitioner.
Mr. Ranjan Saha
... for the State.
The petitioners are two guardians whose sons are studying in
Kharagpur Telugu Vidyapeetham High School, Kharagpur, in Class X and
Class XI respectively. The petitioners seek to be nominated in the
Managing Committee of the school by participating in the election process
as would appear from the letter of intimation issued by the
Guardians/Voters on 14th September, 2019.
Affidavit of service filed in Court today be kept on record.
Learned Counsel appearing for the petitioners submits that there is
extreme urgency in the matter since the election will be held on 22nd
September, 2019 in the morning and in the afternoon. Counsel contends
that both the writ petitioners are aggrieved by a notice dated 16th
September, 2019 from the Headmaster of the said school by which the
nominations of the petitioners have been found to be invalid on the ground
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of mismatch of the signatures. Counsel relies on the note of the
nomination paper which excludes minor defects like spelling mistakes in
the names and submits that the nominations of the petitioners may have
been rejected on mismatch of their signatures.
Learned Counsel for the State submits that he has just received the
writ petition and would require time to take instructions in the matter.
No one is represented for the concerned school.
Learned Counsel for the petitioners submits that a copy of the writ
petition has been served on the material respondents by WhatsApp and
that the writ petition has been received by the Headmaster. Affidavit of service states this fact.
Having heard learned Counsel for the petitioners, this Court is not inclined to pass any orders for quashing the notice dated 16th September, 2019 from the Headmaster of the said school or to restrain holding of the election on 22nd September, 2019 for the Managing Committee of the school.
There are two reasons for this. One, from the impugned communication from the Headmaster it is not clear as to whether the reason for rejecting the nominations of the petitioners is a mismatch of the signatures of the petitioners. For the reasons given, it may also be noted that the Proposer or the Seconder, signatures may also be the cause of such rejection. Second, Note (iii) of the Nomination Paper clearly states that in the case of any major discrepancy causing confusion with regard to 3 the identity of the candidate or the Proposer or the Seconder, the Nomination Paper will likely to be rejected.
Hence, it can be said that the petitioners had noticed this requirement at least on 9th September, 2019 when they signed the nomination paper.
Without hearing the Headmaster or the other concerned authorities, restraining the school from holding the election would be an extreme step, particularly, in view of the fact that there is no evidence on record to show that the school/Headmaster has actually received a copy of the writ petition.
However, to give an opportunity to the writ petitioners to present their case, list this matter on 24th September, 2019 when appropriate order shall be passed upon hearing all the parties.
(Moushumi Bhattacharya, J.)