FARSINA BEGAM MALLICK AND ORS. v. STATE OF WEST BENGAL AND ORS.
WPA/7074/2024 · 2025-09-02
Raja Basu Chowdhury
body2025
DailyLaw.ai
[ 2025 DAILYLAW 16079 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 16079 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
02.09.2025
sayandeep Sl. No. 1474 ML Ct. No. 05
WPA 7074 of 2024
Farsina Begam Mallick & ors. Vs. The State of West Bengal & ors. Mr. Suvro P. Lahiri
Mr. Abdul Salam Mr. Rajesh Naskar
…..for the petitioners
Mr. Srijan Nayak
Mr. Partha Sarathi Pal
…..for the registrar of cooperative society
Mr. Pradeep Kr. Roy
Mr. Joydeep Roy
…..for the co-operative Election Commission, WB
1. Affidavit-of-service filed in Court today be kept on record. 2. Although the instant writ petition has been filed on 7th March, 2024, inter alia, praying for a direction to cancel the resolution with regard to the removal of the petitioner from the post of the office bearer of the respondent No. 8 which is a multipurpose cooperative society within the meaning of Cooperative Societies Act, 2006 and though, an interim order was passed by the co-ordinate Bench of this Court on 27th June, 2024, I, however, find from the submissions made and as acknowledged by the parties that the tenure of the Board has long expired. 3. The election of the Board as submitted in Court today, Mr. Nayak, learned advocate representing the
2 respondent Nos. 3 and 5 had been lastly conducted on 14th August, 2019. Having regard thereto, I am of the view that the tenure of the Board of the co-operative society having expired by efflux of time the petitioner cannot be permitted to continue as an office bearer of a Board whose tenure has expired. 4. Be that as it may, taking into consideration the fact that the election process ought to have commenced long back at least by the special officer who has been appointed as claimed by Mr. Nayak, I am of the view that the Co-operative Election Commission West Bengal having its office at 1, Kiransankar Roy Road, Kolkata-700 001, should be added as a party respondent. 5. Accordingly, I direct the Cooperative Election Commission, West Bengal having its office at 1, Kiransankar Roy Road, Kolkata 700 001 be added as an added respondents in the present petition. Leave is granted to the petitioner’s advocate-on-record to amend the cause title and add the Co-operative Election Commission as an added respondent. Mr. Roy, Learned senior advocate who usually appears on behalf of the Co-operative election Commission, West Bengal is present in Court. Let a copy of the writ petition be served on him and his junior.
Let the appointment of Mr. Roy with a junior of his choice be regularized. 3
6. The Cooperative Election Commission is directed to take immediate steps for conducting and concluding the election process in accordance with law as expeditiously as possible preferably within a period of three months from the date of communication of this order. The aforesaid direction is being issued for the simple reason that no steps whatsoever has been taken by the Cooperative Election Commission to conduct the election of the co-operative society. 7. The Superintendent of Police is directed to render all assistance to the Assistant Returning Officer, for holding the election of the cooperative society/respondent no.8 in a peaceful manner. 8. The interim order which was granted earlier, stands vacated. 9. The writ petition is accordingly, disposed of. There shall be no order as to costs. (Raja Basu Chowdhury, J.)