612/2010 on 1 October, 2010

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Calcutta High Court (Appellete Side)

612/2010 on 1 October, 2010

Bench: Dipankar Datta

 10.10
ab
                                        A.S.T. 612 of 2010


         Mr. Tarun Kr. Das,            ... for the petitioner

         Ms. D. Chatterjee,           ... for the Board

         Ms. Shanti Das,              ... for the State



              The petitioner's son is a student of Kuchiakol Radha Ballabh
         Institution. Election for the purpose of reconstitution of the
         Managing Committee       of    such       school      is   scheduled    to     be    held on
         Sunday next (03.10.2010). The petitioner complains of restraint
         imposed on him as well as others intending to contest the election
         by a particular section of guardians for facilitating uncontested
         election.    It   is   alleged       that      the    representations        made    by   the
         petitioner     have    not    yielded          the    desired    result;       hence      this
         petition under Article 226 of the Constitution of India praying
         for an order on the respondents to allow the petitioner to submit

his nomination paper for the purpose of contesting the election.

Since the election process has already commenced, I am not inclined to entertain the writ petition. The petitioner has a remedy before the West Bengal Board of Secondary Education under paragraph 34 of the procedure for holding elections.

It appears from the supplementary affidavit filed in Court today that the petitioner has already approached the President of the Board with a representation dated 22.09.2010.

The President of the Board is directed to consider the petitioner's representation upon granting opportunity of hearing to him, the elected members as well as other persons, whom he considers necessary to be heard prior to disposal of the petitioner's representation. A reasoned order shall be passed while disposing of such representation.

This exercise shall be completed as early as possible, preferably before 15th November, 2010.

No opinion is expressed on the merits of the petitioner's claim and all points are left open to be urged by him before the President of the Board.

In the event the Managing Committee is reconstituted pursuant to election scheduled to be held on 03.10.2010, the same shall be subject to the result of the decision of the President.

With the above direction, the writ petition stands disposed of without any order as to costs.

Urgent certified photostat copy of this order, if applied for, be supplied to the petitioner at an early date.

(Dipankar Datta, J)

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Calcutta High Court (Appellete Side)