The election of the cooperative society should be conducted strictly in accordance with the statutory provisions, and a Special Officer may be appointed to ensure the election takes place within a specified period of time.

1. The instant appeal and the application for stay arise out of an order dated 25th August, 2017, passed by a learned Single Judge in WP 20934 (W) of 2017 (Alok Majumder v. The State of West Bengal & Ors.). The appellants before us are the State of West Bengal and its Principal Secretary, Department of Cooperation.

2. For the sake of convenience, the impugned order is set out hereinbelow in its entirety :-

"The petitioner has filed the present writ petition for a direction upon the respondent authorities, particularly, the Election Commission to hold the election which is due since 2011.

Mr. Chakraborty, learned advocate, appearing for the petitioner, submits pursuant to the old act the election of the Jadavpur Co-operative Land and Housing Co-operative Society Ltd., held in the year 2008. After three years, that is to say since 2011 the election of the Board of Director of the Jadavpur Co-operative Land and Housing Co-operative Society Ltd., is due.

This submission of Mr. Chakraborty is vehemently opposed by Mr. Sanyal, learned advocate, appearing for the respondent Nos. 7 and 8, the existing board. Mr. Sanyal submits time to time the existing board moved before this Hon'ble Court for holding election of the Jadavpur Co-operative Land and Housing Co-operative Society Ltd., but the said election could not be held due to some obvious reason.

Considering the submissions as advanced by the learned advocates appearing for the parties and after perusing the records, I direct the election commission to conduct the election and to complete the entire process by 15th December, 2017.

Needless to mention to assist the election commission the learned advocate on record of both the parties that is to say Mrs. Sharmila Das and Mr. Ratul Biswas are hereby appointed as the Special Officers to assist the election commission to conduct the election. Till the next date of hearing that is to say on 20th December, 2017, the existing Board of Directors of the Jadavpur Co-operative Land and Housing Co-operative Society Ltd., will function.

The monthly remuneration of the Joint Special Officers is 200 Gms. per month that will be borne by the Co-operative Society.

Let the matter appear on 20th December, 2017 to enable the Special Officers to submit the report of the Election.

Needless to mention, that the existing board will assist the learned Special officers as well as the election commission to complete the entire election process.

The existing board is directed to supply all relevant papers pertaining to the said election to the court appointed Joint Special Officer."

3. A bare perusal of the order reveals that the learned Single Judge has directed the Election Commission (the West Bengal Co-operative Election Commission), being the respondent No. 8 herein, to conduct the election of the concerned cooperative society and to complete the entire process by 15th December, 2017. Two learned advocates, namely, Mrs. Sharmila Das and Mr. Ratul Biswas were appointed as Special Officers to assist the Election Commission to conduct the election. The Court also directed the existing Board of Directors of the concerned Cooperative Society to function till the next date of hearing, i.e., 20th December, 2017. The Court further observed that the existing Board would assist the Special Officers as well as the Election Commission to complete the election process.

4. We take note of the fact that subsequent to passing of the impugned order, the West Bengal Co-operative Election Commission took out an application before the learned Single Judge, being CAN 11202 of 2017, seeking extension of the impugned order dated 25th August, 2017, to enable the Commission to carry out the directions given by the Court.

5. There are two significant aspects which are to be taken note of in the instant case. The first is that the concerned Cooperative Housing Society has not had an election for several years. This is evident from the submissions made on behalf of the respective partie