Calcutta High Court (Appellete Side)
Jyotirmoy Mondal vs State Of West Bengal & Ors on 6 February, 2012
Author: Tapen Sen
Bench: Tapen Sen
1
06/2/2012
ARDR
WP 1781 (W) of 2012
Jyotirmoy Mondal
Vs.
State of West Bengal & Ors.
Mr. Gazi Farque Hossain,
Ms. Ranjana Har Chowdhury,
for the Petitioner.
Mr. Tapas Kr. Bhattachrjee,
Mr. Debabrata Chakraborty,
...for the Respondent no.7.
Mr. Subhendu Sengupta, ...for the State.
The Petitioner prays for an Order commanding upon the Respondents to recount the Ballot Papers of the 1st Year B.A., Section B Students' Election of Dhruba Chand Halder College, held on 20/1/2012. The Petitioner has also made consequential prayers in relation to the said Election.
This Court has already held in W.P. no. 365 (W) of 2012 (Dibyendu Modak vs. State of West Bengal & Ors.) on January 11, 2012, that the University Students' Election, which are undertaken on the basis of non-statutory Regulations or Rules cannot be tested under Article 226 of the Constitution of India because these actions are not actions by way of public functions nor in the discharge of any public duty.
The Writ Petition is therefore, devoid of merits and it is accordingly Dismissed.
The Writ Petition stands Dismissed.
2If urgent certified copy of this Order, duly photocopied, is applied for by the parties, the same should be given expeditiously.
(Tapen Sen, J.)