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IN THE HIGH COURT AT CALCUTTA
RAJA BASU CHOWDHURY
Swapan Santra – Appellant
Versus
State Of West Bengal – Respondent
| Table of Content |
|---|
| 1. challenge against election process initiation. (Para 1 , 2 , 3 , 4) |
| 2. dispute over voters list and election procedures. (Para 5 , 6 , 11 , 12) |
| 3. court's authority to correct procedural errors. (Para 9 , 10 , 13 , 14 , 15) |
| 4. order set aside; remit dispute for fresh decision. (Para 16) |
| 5. directions for timely election process compliance. (Para 17 , 18 , 19 , 20) |
JUDGMENT :
Raja Basu Chowdhury, J.
1. The instant writ petition has been filed, inter alia, praying for a direction upon the respondent nos. 3 to 5 to quash the election of delegates held on 27th July 2025 as also challenging the order dated 29th August, 2025 passed by the Secretary, Cooperative Election Commission being the respondent no.3.
2. The connected application in WPA 19606 of 2025 is for recalling of the order dated 29th August, 2025. Considering the nature of reliefs sought for, all the above matters are taken up together.
3. I find that the principal grievance of the petitioners is directed against the order dated 29th August 2025 passed by the Secretary, Cooperative Election Commission, West Bengal. The above matters have a chequered history. Records would reveal that initially an Assistant Returnin
Judicial intervention is warranted under Article 226 to correct irrational election commission decisions, particularly where rights of participants are compromised by improper proceedings.
The Assistant Registrar of Cooperative Societies lacks jurisdiction over election disputes, which must be adjudicated by the Cooperative Election Commission per the relevant regulations.
Procedures for reconstituting cooperative society boards are valid when following statutory provisions for elections after a no confidence motion.
The court established that adherence to the procedural requirements for finalizing the voter list is essential for conducting valid elections under the AP Co-operative Societies Act.
Compliance with statutory election procedures within cooperative societies is mandatory to ensure valid electoral processes; neglecting to notify ineligible voters invalidates election actions.
Electoral complaints filed after the conclusion of the election process are inadmissible if they contradict prior court orders.
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