Calcutta High Court (Appellete Side)
Jitendra Nath Mallick & Ors vs The State Of West Bengal & Ors on 18 April, 2024
Author: Hiranmay Bhattacharyya
Bench: Hiranmay Bhattacharyya
18.04.2024
Item No. 52
PG/KS
Ct. No.1
W.P.A (P) 570 of 2022
With
I.A. No. CAN 2 of 2024
Jitendra Nath Mallick & Ors.
Versus
The State of West Bengal & Ors.
Mr. Soumen Kr. Dutta
Mr. Sabyasachi Bhattacharjee.....for the Petitioners
Mr. Amitesh Banerjee, Ld. Sr. Standing Counsel
Ms. Ipsita Banerjee .....for the State
Mr. Srijan Nayak
Mr. Biplab Das
Mr. Ankit Surekha......for the respondents 3 to 6
Mr. Pratik Dhar, Sr. Adv.
Mr. Ritwik Pattanayak.....for the respondents 8, 9 & 10 Mr. Sayak Chakraborti Mr. Wrickbrata Roy.......for the applicant in I.A. No. CAN 2 of 2024 Mr. Billwadal Bhattacharya Mr. Ashish Kumar Mukherjee Mr. Surayneel Das Mr. Chiranjit Pal..........for the respondent no. 11
1. We have heard the learned advocates for the parties. Reference may be made to the order dated 4th January, 2024, which reads as follows:
"By this Public Interest Litigation writ petitioners seek for direction upon the respondents particularly the Election Commissioner, the Secretary of the Election Commission and the Assistant Returning Officer to forthwith take all steps to start and complete election of the delegates and Board of Directors of Contai Cooperative Bank Limited by taking note of the direction issued in the earlier writ petition. Though the directions were issued from time to time in various writ petitions and a draft voter list was published and thereafter a final voter list 2 was published and the election was also held on 03.04.2022 till date the election process has not commenced.
Considering the passage of time, this Court issues the following directions and the Court will monitor the progress of the matter.
The Special Secretary of the respondent Bank shall furnish a comprehensive list of valid members of its roles to the Election Commissioner within fifteen days from date and upon receipt of the same the same the Election Commissioner/Assistant Returning Officer shall scrutinise the same and publish a draft voter list within fifteen days from the date on which the membership list is received from the Special Officer of the Cooperative Bank. In the notification publishing the draft voter list it should be clearly indicated that persons having objections to the draft voter list are entitled to submit the same. The time limit for fifteen days may be given for submitting such objection. Thereafter the objection should be considered and the final voter list shall be drawn and placed before this Court for direction.
List the matter on 22nd February, 2024."
2. Pursuant to the directions contained therein, after inviting objections by publishing a notice in seven dailies and based on the said list furnished by the Special Officer, the Election Commission has taken up the matter. They have published notification and as of now, the new voter list has been drawn and published.
3. The learned advocate appearing for the Election Commission submitted that in terms of statute, 180 days is the time fixed within which the election can be conducted and the same will be adhered to and the only indulgence prayed for by the Election Commission is that the notification for the election would be issued immediately after 4th June, 2024. 3
4. In the light of the above, there will be a direction to the Election Commission to issue the notification for election on 10th June, 2024. With regard to the individual objections, which are raised before the Election Commission, the same shall be dealt with in accordance with law.
5. In order to monitor the progress, list the matter on 17 th June, 2024.
6. In terms of the directions issued earlier, the list of valid voters was brought before this Court in a sealed envelope and the same is returned to the learned advocate for the Election Commission without opening the same.
(T.S SIVAGNANAM) CHIEF JUSTICE (HIRANMAY BHATTACHARYYA, J.)