Calcutta High Court (Appellete Side)
Anukul Chandra Ray & Ors vs The State Of West Bengal & Ors on 13 March, 2014
Author: Debasish Kargupta
Bench: Debasish Kargupta
1
13.03.2014.
S.D.
W.P. No. 27648 (W) of 2013
Anukul Chandra Ray & Ors.
Versus
The State of West Bengal & Ors.
Mr. Narayan Chandra Mondal
Ms. Anita Khatri
Ms. Sipra Maity
Mr. Sankar Sarkar
... For the
Petitioners.
None appears on behalf of the respondents in spite of
service of copies of this writ application upon them. No accommodation is prayed for.
This writ application is filed by the petitioners assailing a notice dated August 12, 2013 issued by the respondent no. 8 for holding the election for reconstitution of Managing committee of Dakshin Akratala Rabindra Siksha Niketan (High), District - North 24‐parganas.
According to the petitioners, all of them participated in the election of reconstitution of Managing Committee of the above school held on February 17, 2013 under Guardians category. According to them all of the petitioners were elected 2 in the above election. Certificates were also issued by the respondent no. 8 to that effect to all the petitioners (Annexures 'P 2' at pages 19 to 24). According to the petitioner, the action of the part of the respondent no. 8 cannot be sustained in law in holding election afresh for reconstitution of the Managing Committee of the school under reference giving no effect to the result of the election of the above election dated February 17, 2013.
Since none appears on behalf of the respondents, the allegations made against the respondents remain uncontroverted.
In view of the above as also on the basis of the materials‐ on‐record, it appears to this Court that certificates were issued in favour of the petitioners to the effect that they had been elected in the election of reconstitution of Managing Committee of the school under reference held on February 17, 2013.
In view of the above, the impugned notice dated August 12, 2013 for holding further election for reconstitution of the Managing Committee of the school under reference cannot be sustained in law and the same is quashed and set aside. 3
The respondent authorities are directed to give effect to the aforesaid election dated February 17, 2013 for reconstitution of the Managing Committee of the above school expeditiously and positively within two months from the date of communication of this order.
This writ application is, thus, disposed of. There will, however, be no order as to costs. Urgent photostat certified copy be supplied to the parties, if applied for, on priority basis.
( Debasish Kar Gupta, J. )