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Calcutta High Court (Appellete Side)

& vs Rkd The State Of West Bengal & Ors on 4 January, 2024

Author: Supratim Bhattacharya

Bench: Supratim Bhattacharya

                                     W.P.A. (P) 570 of 2022
47    04.01.2024
bd    Ct.01                       Jitendra Nath Mallick & Ors.
&                                               -vs-
rkd                             The State of West Bengal & Ors.
                   Mr. Soumen Kumar Dutta,
                   Mr. Suman Saha
                                                                 ....for the petitioners.
                   Mr. Srijan Nayak,
                   Mr. Ankit Sureka,
                   Mr. Biplab Das
                                                  ....for the respondent nos.3 to 6.

Mr. Ritwik Pattanayak ....for the respondent nos.8 to 10. Mr. Billwadal Bhattacharyya, Mr. Asish Kumar Mukherjee, Mr. Suryaneel Das, Mr. Chiranjit Pal ....for the respondent no.11.

Mr. Amitesh Banerjee, Ms. Ipsita Banerjee ....for the State.

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 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 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.

(T.S. SIVAGNANAM, CHIEF JUSTICE) (SUPRATIM BHATTACHARYA, J.)