Calcutta High Court (Appellete Side)
Sk. Farid Ali vs The State Of West Bengal & Ors on 15 September, 2023
Author: Amrita Sinha
Bench: Amrita Sinha
460
15.09.2023
d.p.
In The High Court At Calcutta
Constitutional Writ Jurisdiction
Appellate Side
W.P.A 21170 of 2023
Sk. Farid Ali
-versus
The State of West Bengal & Ors.
Mr. Ayesha Khan.
...For the Petitioner.
Mr. Srijan Nayak,
Mr. Biplab Das.
...For the Co-operative
Election Commission.
Mr. Ankit Sureka,
Mr. Asis Dutta.
...For the Respondent No. 5.
Mr. Asish Kumar Guha, Mr. Benazir Ahmed.
...For the State.
Affidavit-of-service filed in Court today is taken on record.
The petitioner claims to be the member of a Co- operative Society. He is aggrieved by the notice issued by the respondent nos. 2 and 3 on 11 th August, 2023 whereby the draft voters list has been published.
The petitioner apprehends that as most of the individual Co-operative Societies are under the management of the Special Officers, accordingly, the Special Officers may select candidates of their choice 2 for contesting the election of the Central Co-operative Society.
Learned advocate appearing for the respondents submits that the petitioner does not have the locus standi to file the present writ petition as there are several hundreds of members in a Co-operative Society. The petitioner ought not to be the spokesperson of all the members.
It has also been submitted that the apprehension of the petitioner is misconceived.
Upon hearing the parties and upon perusal of the materials on record, it appears that steps have already been taken for holding election in the Central Co- operative Society. Under the Central Co-operative Society there are several individual Co-operative Societies run by the individual Board of Directors. In the Co-operative Societies which do not have an elected Board of Directors, Special Officer has been appointed.
The respondent authorities are directed to take prompt necessary steps for holding the election in accordance with law.
The writ petition stands disposed of.
Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.
( Amrita Sinha, J.)