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Calcutta High Court (Appellete Side)

Sudarshan Mandal & Anr vs The State Of West Bengal & Ors on 25 August, 2021

Author: Shampa Sarkar

Bench: Shampa Sarkar

S/L 11
25.08.2021
Court. No. 19
GB
                               WPA 12596 of 2021

                            Sudarshan Mandal & Anr.
                                        Vs.
                          The State of West Bengal & Ors.

                            (Through Video Conference)

                Mr. Subhajit Panja.
                                                     ... for the Petitioners.

                Mr. Haradhan Banerjee,
                Mr. Amitava Jain,
                Mr. Parthapratim Mukhopadhyay.
                                       ... for the Respondent No. 7.

Mr. Pradip Kumar Roy, Ms. Shraboni Sarkar.

... for the Cooperative Election Commission. Mr. Anirban Ray, Mr. Raja Saha, Mr. Pinaki Bhattacharya.

... for the State.

The writ petitioners are the Chairman and the Secretary of the Jiaganj Central Co-operative Agricultural Marketing Society Limited.

The petitioners submit that the tenure of the Board of Directors will expire on August 30, 2021 and it is necessary that orders be passed directing the authority to hold the election of the said co-operative society.

Mr. Roy, learned advocate appearing on behalf the Co-operative Election Commission submits that the authority shall take steps in accordance with law for holding the election expeditiously and in accordance with law. 2 It appears that the co-operative society has already filed representations before the Assistant Registrar, Co- operative Society, Berhampur, Murshidabad on May 12, 2021 and July 7, 2021.

Under such circumstances, the writ petition is disposed of with a direction upon the Assistant Registrar, Co-operative Society, Berhampur, Murshidabad to dispose of the representations of the petitioners in accordance with law and take steps as per the provisions of law. The said representations should be disposed of mandatorily within a period of two weeks from date of communication of this order. A hearing shall be given to an authorized representative of the co-operative society.

Accordingly, the writ petition is disposed of. However, there will be no order as to costs. All the parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)