Calcutta High Court (Appellete Side)
Pashupati Mondal And Ors vs The State Of West Bengal And Ors on 18 June, 2018
Author: Rajasekhar Mantha
Bench: Rajasekhar Mantha
1
Sl 12
18-06-2018
ct no. 14
s.d.
WP 29736 (W) of 2016
Pashupati Mondal and ors.
-versus-
The State of West Bengal and ors.
Mr. D. K. Sengupta
Ms. Sweta Saha
....for the petitioners.
Mr. Ashit Kumar Chakraborty
Mr Sunanda Mohan Ghosh
.....for the added respondent.
Mr. Srijan Nayak Mr. Raja Saha Mr. Anirban Mitra ...for the Co-operative Election Commission. Mr. Pradip Kumar Roy Ms. Shraboni Sarkar ....for the State.
By this writ petition, an order dated 4th October, 2016 passed by the Secretary, Cooperative Election Commission on a dispute raised by the private respondent, is challenged.
The writ petitioners say that the dispute has been heard behind their back and without notice to the members of the society. 2 This has been done according to the writ petitioners after the notification of the entire election process.
It is clear that although notices were circulated to the local panchayet samiti members, two panchayet members and a local MLA, effective notice of such dispute was not put up on the notice board of the society concerned.
Therefore, there is a general presumption that most members of the society may not have been represented if they wished to in such proceedings before the Cooperative Election Commission.
In those circumstances, the order dated 4th October, 2016 is hereby set aside. The Secretary, Cooperative Election Commission shall hear the dispute afresh.
Appropriate and due notice of at least 10 days shall be given inter alia by publication of the dispute and the name of the person raising the dispute in local newspapers as also on the notice board of the society in question.
Upon being satisfied that proper notice have been served to all persons, the Secretary, Cooperative Election Commission shall decide the matter in accordance with law. The process of election may be taken up thereafter. Needless to mention that the earlier election process shall stand quashed. 3
WP 29736 (W) of 2016 is disposed of.
There will be no order as to costs.
Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.
(Rajasekhar Mantha, J.)