BHULUNUDDIN FARAZI AND ORS. v. STATE OF WEST BENGAL AND ORS.
WPA/1145/2025 · 2025-03-06
Kausik Chanda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5837 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5837 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Sl. No.177 06.03.2025
Suman Ct. 15
WPA 1145 of 2025 Bhulunuddin Farazi and Ors. Vs. The State of West Bengal and Ors. Mr. Dhiman Kumar Sengupta Ms. Farhin Mustaque .for the petitioners Mr. Srijan Nayak Ms. Rituparna Maitra ..for Co-operative Election Commission Mr. Ankit Sureka Mr. Biplob Das Mr. P. S. Pal …for respondent nos. 2 and 5 The petitioners challenge an order dated December 5, 2024, passed by the Election Commission in Election Dispute Case No. 14/CEC/2024 dismissing the case. The petitioners' grievance is that they were unable to contest the election as their names were not included in the electoral list. The Election Commission has found that the petitioners' names were not included in the Members Register, and therefore, could not be included in the electoral list. The Election Commission has further held that the non-inclusion of the petitioners' names in the Members Register does not constitute an election dispute.
The learned advocate appearing for the petitioners has drawn the attention of this Court to a notice dated February 4, 2024, wherein the Board of the Society decided to induct new members from the date of the notification. The learned advocate contends that, despite the issuance of the notification, several individuals were included as members of the Society, while some of the petitioners were excluded from the list. Mr. Nayak, learned advocate appearing for respondent No. 2, has correctly submitted that the non-inclusion of the petitioners' names in the Members Register falls within the scope of a dispute under Section 102 of the West Bengal Co-operative Societies Act, 2006. Consequently, this is not an election dispute. In view of the above, no infirmity is found in the Election Commission's decision. Consequently, WPA 1145 of 2025 is dismissed. Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on usual undertakings.
(Kausik Chanda, J.) 2