Calcutta High Court (Appellete Side)
Snandy vs (Allowed) on 8 August, 2018
Author: Rajasekhar Mantha
Bench: Rajasekhar Mantha
1
08.08.2018 WP 14239 (W) of 2018
Court No. 14
Item No. SL - 15 Monotosh Panja & Ors.
snandy
Vs.
(ALLOWED)
The State of West Bengal & Ors.
Mr. Madan Mohan Roy, Advocate
Mr. Haripada Nayek, Advocate
......for the Petitioner
Mr. Raja Saha, Advocate
Mr. Parikshit Goswami, Advocate
......for the State
Mr. Pradip Kumar Roy, Advocate
Mr. Biplab Das, Advocate
......for the Respondent Nos. 4, 5 & Election Commission
Mr. Pradip Kumar Roy, learned Advocate, kindly agreed to represent the Election Commission along with his junior.
The Election Commission is a necessary party and is added as a respondent to the instant writ-petition. The copy of the writ-petition has been served upon Mr. Roy in open court.
Let the Co-operative Election Commission regularise the appointment of Mr. Roy and his junior in the instant matter.
The facts of the case are that, after the expiry of the term of the earlier Board, the highest designated employee of the Society was appointed to manage the affairs pending completion of election and taking over of a new Board.
An ARO has already been appointed to conduct election. All steps towards such holding of election have been completed.
Yet by Memo No. 5397 dated July 24, 2018, an interim Board has been constituted for reasons best known to the State. The same does not satisfy the requirements of Section 29 (7) of the WBCS Act, 2006. No other reasons have also been assigned for the need of such Board. No reason, in fact, exists in that regard.
The contention of the State Government that the Interim Board under Section 29(7) of the said 2011 Rules, 2 was required to assist the Returning Officer, does not inspire any confidence with this court.
Hence the Memo No. 5397 dated July 24, 2018, by which the purported interim Board of six members was constituted is hereby quashed.
The election shall be held as expeditiously as possible and as per schedule fixed already by the ARO.
With these observations, the writ-petition being WP 14259 (W) of 2018 is allowed. No order as to costs.
Urgent photocopy of this order be given to the parties, if applied for, upon compliance of necessary formalities.
(Rajasekhar Mantha, J.)