10 21.04.2025 sb Ct 5 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 7657 of 2025 Saumitra Das Versus The State of West Bengal & Ors. Mr. S. P. Phari … For the petitioner. Mr. Srijan Naya, Ms. Rituparna Maitra … For the Election Commission. Mr. Ankit Sureka Mr. Biplob Das Mr. Partha Sarathi Pal … For respondent nos. 2 and 3. 1. Affidavit of service filed in Court today is taken on record. 2. Supplementary affidavit filed in Court today is also taken on record. 3. The present writ petition has been filed inter alia, in effect, praying for a direction so as to permit the petitioner to participate in the election process of Deshbandhu Samabay Krishi Unnayan Samity Limited. The petitioner is a member of the Deshbandhu Samabay Krishi Unnayan Samity Limited and his name features on the finally published voters list. It is the petitioner’s case that although the election schedule was published on 7th January, 2025, contrary to the said schedule the election that was proposed to 2 be held on 11th February, 2025 in respect of sherpur constituency whereat the petitioner intends to participate had been postponed. Such fact would corroborate from the notice dated 8th April, 2025. 4. Mr. Pahari, learned advocate appearing in support of the writ petition would submit that there has been no adequate notice re-fixing the date of election which has now been refixed on 22nd April, 2025. No clear 21 days notice as is required in terms of Rule 40 of the West Bengal Cooperative Societies Rules, 2011 has been given and having regard to the above, the notice is bad and should be set aside. 5. Mr. Sureka, learned advocate representing the respondent nos. 2 and 3 and Mr. Nayak, learned advocate representing the respondent nos. 4 and 5 would submit that the election process had started long back and the petitioner’s name was also published in the final voters list. By referring to the election schedule dated 7th January, 2025 it is submitted that the date of filing nomination papers was fixed on 28th January, 2025. Subsequently, the process of election went on further up-to the stage of distribution of symbols for the candidates which was fixed on 30th January, 2025. The petitioner did not approach authorities until March 2025 or this Court earlier. Admittedly, 11th February, 2025 was fixed for holding 3 election in respect of Sherpur constituency but on such date election could not be held by reasons of the said date coinciding with the date of Madhyamik examination and had to be postponed. It is a belated attempt made by the petitioner to challenge and stall the election process, no interference is called for. 6. Heard the learned advocates appearing for the respective parties and considered the materials on record. Prima facie, it appears that the petitioner is a member of Deshbandhu Samabay Krishi Unnayan Samity Limited and his name features in the final voters list. As noted above from the schedule of election as published by the election commission on 7th January, 2025, after publication of the final voters list the process of election has proceeded further up to the stage of distribution of symbols as would morefully transpire from the schedule as appearing at page 23, being Annexure P-2 to the writ petition. The last date of filing of nomination was 28th January, 2025. Records would reveal that the petitioner had made a representation for filing his nomination form only on 11th March, 2025, long after the election process had proceeded to the stage of distribution of symbols. The petitioner is trying to take advantage of the deferment of the election as noted above. 7. Having regard thereto, the writ petition does not merit 4 further consideration and is accordingly dismissed. 8. There shall be no order as to costs. Urgent Photostat certified copy of this order, if applied for, be made available to the parties upon compliance of requisite formalities. (Raja Basu Chowdhury, J.)