Calcutta High Court (Appellete Side)
Prabhat Bouri vs State Of West Bengal & Ors on 23 April, 2014
Author: Asim Kumar Mondal
Bench: Asim Kumar Mondal
1
23.04.14
13/akd
A.S.T. 153 of 2014
with
A.S.T.A. 116 of 2014
Prabhat Bouri
-Vs-
State of West Bengal & Ors.
....................................................................................
Mr. Uday Sankar Chattopadhyay, Mr. Matri Prasad Das ... ... for the appellant Mr. Arindam Sen ... ... for the respondent Nos. 10 to 20 Mr. Sadananda Ganguli, Mr. D. Banerjee ... ... for the respondent Nos. 1 to 6 Re : A.S.T.A. 116 of 2014 This application has been filed in connection with the appeal preferred from the order dated 20th March, 2014 passed by a learned Judge of this court whereby the said learned Judge dismissed the writ petition without adjudicating the grievances of the appellant-petitioner herein on merits.
It has been alleged on behalf of the appellant- petitioner that many candidates willing to contest the election of the Board of Directors of Jambad Colliery Employees Co-operative Credit Society Ltd. could not collect nomination papers from the Returning Officer on the scheduled date and time since they were prevented by some miscreants from 2 entering into the office of the Co-operative society. The learned Counsel representing the appellant- petitioner invited our attention to the report of the Officer-in-Charge, Andal Police Station wherein it has been specifically mentioned that a written complaint was lodged by the said appellant-petitioner narrating the aforesaid incident of forcefully preventing the willing candidates from entering into the office of the Co-operative Society for the purpose of collecting nomination papers from the Assistant Returning Officer. The relevant extracts from the report of the Officer-in-Charge, Andal Police Station are set out hereunder:
"On 16/01/14 at 20:55 hrs we received a written complaint for Pravat Bouri regarding above incident and on the basis of which started Andal PS case no. 12/14 Dt. 16/01/14 u/s. 147/148/149/341/323 IPC.
Investigation of the case is pending."
Although Officer-in-Charge, Andal Police Station has specifically admitted the lodging of the written complaint by the appellant-petitioner herein and the pendency of the investigation, the Assistant Returning Officer in the report dated 2nd March, 2014 filed before the learned Single Judge specifically mentioned that the situation at the venue was peaceful and no incident of forceful obstruction happened there. The said Assistant Returning Officer also submitted another report to the Assistant Registrar of Co-operative Societies on 25th February, 2014 wherefrom it appears that nobody contested the 3 election since only six nomination papers were found valid and the strength of the Board of Directors according to the by-laws of the society is six. The said Assistant Returning Officer, therefore, declared the six candidates whose nomination papers were found valid as the elected Director of the Board of Directors for the next five years.
The relevant extracts from the report of the Assistant Returning Officer dated 25th February, 2014 are set out hereunder:
"AS the strength of Board of Directors of Jambad Colliery ECCS Ltd. is six according to bye laws of the society. After withdrawal the six nomination papers stands valid and declared as Board of Directors for the next five years. On 11.2.2014 wining certificates are issued to the six Board of Directors as per guideline of the Cooperative Election Commission and they have declared Board of Directors of society for the next 5 years. All of them took the charge of the management of the cooperative societies on 19.2.2014."
From the available records and considering the submissions of the learned Advocate of the respective parties, we are satisfied that the candidates who were interested to contest the election were forcibly prevented from entering into the office of the society as a result whereof the said candidates could not collect the nomination papers and contest the election. Undisputedly, only six valid nomination papers were available against the six posts of Director and the Assistant Returning Officer constituted the Board of Directors with those six candidates whose nomination papers were only available before the said Assistant Returning Officer 4 after the date of withdrawal. The Assistant Returning Officer should have taken all necessary steps in order to conduct a free and fair election of the Board of Directors.
The appellant-petitioner herein along with others lodged specific complaints with regard to the untoward incident, which took place on 16th January, 2014, with the Assistant Returning Officer, Officer- in-Charge, Andal Police Station, B.D.O., Pandveswar etc. and inspite of lodging the aforesaid complaints, Assistant Returning Officer failed to take necessary measures for conducting the election in a free and fair manner.
The uncontested election of the Board of Directors of the aforesaid Co-operative society clearly goes to show that many willing candidates were prevented from contesting the election. Nobody should be allowed to destroy the democratic norms as has been done in the present case. The election was virtually turned into a mockery in the present case. Since the writ petition was filed by the appellant-petitioner herein long before the declaration of the result of the election of the Board of Directors of the society, the subsequently elected members could not be impleaded as parties to the writ petition.
From the available records we are satisfied that the Assistant Returning Officer could not conduct the 5 election of the Board of Directors fairly since the willing contestants were prevented from entering into the office of the Assistant Returning Officer for the purpose of collecting nomination papers and such allegation has been made to the competent authority who also did not take any step for redressal of the grievances of the complainants including the appellant-petitioner herein.
For the aforementioned reasons, the election of the Board of Directors have been vitiated on account of the illegal acts of the interested parties and due to the inaction on the part of the authorities including the Assistant Returning Officer. The aforesaid election therefore, cannot be sustained and the same is accordingly, quashed.
The Assistant Returning Officer is directed to hold election of the Board of Directors of the Co- operative Society de novo by declaring a fresh election programme from the stage of distribution of nomination papers till holding and declaration of the result of the election.
Needless to mention that the Sub-Divisional Officer, Durgapur namely, the respondent No. 8 herein will assist the Assistant Returning Officer in every possible manner for holding the election in free, fair and peaceful manner on the next occasion as per the new schedule to be published by the Assistant Returning Officer in terms of this order. 6
The Commissioner of Police, Asansol-Durgapur Police Commissionerate namely, the respondent No. 7 herein is directed to take all necessary steps for maintaining peace and tranquility in and around the office of the society so that the willing candidates can collect the nomination papers without any fear and participate in the election process in a peaceful manner.
The newly elected Board of Directors cannot remain in office since they were not elected in an appropriate manner upon observing the election norms and procedures and specially when we have specifically held that the Assistant Returning Officer failed to conduct the election in a free and fair manner upon maintaining peace and tranquility in the area in question providing adequate opportunity to all the willing candidates to participate in the election process.
For the aforementioned reasons, the newly constituted Board of Directors should not be allowed to function for a moment and the status quo with regard to the functioning of the Jambad Colliery Employees Co-operative Credit Society Ltd. as on the date of filing of the writ petition should be maintained till the new Board of Directors is elected in terms of this order.
Therefore, we direct maintenance of status quo with regard to the functioning of the Jambad Colliery 7 Employees Co-operative Credit Society Ltd. as on the date of filing of the writ petition till the new Board of Directors is elected in terms of this order and takes charge.
With the aforesaid observations and directions, we set aside the impugned order under appeal passed by the learned Single Judge and dispose of both the application as well as the appeal upon treating the said appeal as on day's list.
In the facts of the present case, there will be no order as to costs.
Let urgent xerox certified copy of this order, if applied for, be given to the learned Advocate of the parties on usual undertaking.
(Pranab Kumar Chattopadhyay, J.) (Asim Kumar Mondal, J.)