15 IN THE HIGH COURT AT CALCUTTA

13.05.2025 CONSTITUTIONAL WRIT JURISDICTION sb APPELLATE SIDE Ct 5 WPA 10372 of 2025 Fazer Ali & Ors.

Versus The State of West Bengal & Ors.

Mr. Samim Ahammed Mr. Arka Maiti Mr. Aniruddha Singh Ms. Ambiya Khatun … For the petitioners.

Mr. Srijan Nayak Ms.Rituparna Maitra … For the Cooperative Election Commission Mr. K. J. Yusuf Mr. Parikshit Goswami … For the State.

1. The petitioners are aggrieved by the failure on the part of the West Bengal Cooperative Election Commission, inter alia, to notify the election schedule as per the provisions contained in the regulation 3(10) of the West Bengal Cooperative Election Commission Regulation, 2012 (hereinafter referred to as the “said Regulation”).

2. The petitioners are also aggrieved by the failure on the part of the West Bengal Cooperative Election Commission to appropriately classify the seats in the respective categories i.e., reserved and unreserved.

3. Mr. Nayak, learned advocate appearing on behalf of the West Bengal Cooperative Election Commission by placing before this Court the schedule for election duly counter-signed by the Assistant Returning Officer dated 25th April, 2025 would submit that schedule for election has been duly published and pursuant thereto after scrutiny of the nomination papers and after last date of withdrawal of candidates there has been publication of final list of valid candidates on 9th May, 2025. It is found that there are no contesting candidates and accordingly only the handover of the certificate to the elected candidates is left to be completed.

4. Let a copy of the schedule for election claimed to have been published by the Assistant Returning Officer on 25th April, 2025 as placed before this Court be retained with the record.

5. Having heard the learned advocates appearing for the respective parties and noting that the petitioners specifically challenge the very publication of the schedule by way of election notification in the Bengali Daily “AjKal” on 26th April, 2025, without there being any valid publication of the schedule, I am of the view that the writ petition should be heard.

6. However, since the election process has already progressed to the stage where there is no contesting candidates, there is no scope to pass any interim order at this stage.

7. Let affidavit-in-opposition to the present writ petition be filed within two weeks from date. Reply thereto, if any, be filed when the matter is taken up next.

8. List this matter in the Combined Monthly List of June, 2025.

9. It is made clear that the outcome of the aforesaid election shall abide by the result of the writ petition.

(Raja Basu Chowdhury, J.)