Calcutta High Court (Appellete Side)
Suvasis Mukhopadhyay vs Durgapur Sail Employees' Primary ... on 3 July, 2017
Author: Biswanath Somadder
Bench: Biswanath Somadder
IN THE HIGH COURT AT CALCUTTA
CIVIL APPELLATE JURISDICTION
APPELLATE SIDE
Present:
The Hon'ble Mr. Justice Biswanath Somadder
And
The Hon'ble Mr. Justice Sankar Acharyya
CAN 5866 of 2017
with
CAN 5868 of 2017
with
CAN 5869 of 2017
in
MAT 1025 of 2017
Suvasis Mukhopadhyay
Vs.
Durgapur SAIL Employees' Primary Common
Service Co-operative Society Limited & Ors.
For the appellant/applicant: Mr. Manik Das
For the State: Mr. Manas Kumar Sadhu, led by
Mr. Susovan Sengupta
For the respondent nos.4 & 5: Mr. Srijan Nayak
Mr. Raja Saha
Mr. Arindam Mitra
Heard on: 3rd July, 2017.
Judgment on: 3rd July, 2017.
Biswanath Somadder, J.
Affidavit of service filed in Court today be taken on record.
In Re: CAN 5869 of 2017 Having heard the learned advocates for the parties present in Court and upon perusing the instant application and in the facts and circumstances of the instant case, we allow the application by granting the applicant leave to prefer an appeal against the order dated 3rd May, 2017, passed by the learned Single Judge in WP 12849 (W) of 2017 (Durgapur SAIL Employees' Primary Common Service Co-operative Society Limited & Anr. vs. The State of West Bengal & Ors.).
The application for leave to prefer appeal is accordingly allowed.
In Re: CAN 5866 of 2017 This is an application under section 5 of the Limitation Act. After considering the submission made by the learned advocates for the parties present in Court and upon perusing the application for condonation of delay, it appears that sufficient cause has been shown by the learned advocate for the appellant/applicant to explain the delay in filing the appeal. As such, the delay is condoned. The application for condonation of delay, being CAN 5866 of 2017, is accordingly allowed.
In Re: MAT 1025 of 2017 with CAN 5868 of 2017 By consent of the parties present in Court, the appeal is treated as on day's list and taken up for consideration along with the application for stay.
The appeal has been taken out by one Suvasis Mukhopadhyay in respect of a judgment and order dated 3rd May, 2017, passed by a learned Single Judge in WP 12849 (W) of 2017 (Durgapur SAIL Employees' Primary Common Service Co-operative Society Limited & Anr. vs. The State of West Bengal & Ors.). By the impugned judgment and order, the learned Single Judge after hearing the learned advocates for the parties and upon perusing the records has directed the Election Commission to complete the entire election process within a certain time frame. An order issued earlier by an Assistant Returning Officer, being an order dated 4th April, 2017, was quashed and set aside.
The appellant herein was not a party to the writ proceeding. His only contention is that although the Election Commission has been directed to complete the election process within a certain time frame, there are several names in the list of voters who either are dead or are non-existent.
It is submitted on behalf of the Election Commission that the voters' list and the election schedule have already been published and the election is scheduled to be held on 24th July, 2017.
Considering the respective submissions made on behalf of the parties, we are of the view that at the time of election of the concerned cooperative society, the Election Commission shall ensure that only bona fide and legitimate voters are allowed to cast their votes and no proxy vote shall be allowed to be cast in the names of dead or non-existent persons.
With the above observations, the appeal and the application for stay stand accordingly disposed of.
Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties.
(Biswanath Somadder, J.) I agree.
(Sankar Acharyya, J.) pg .