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2025 Supreme(Online)(Cal) 3037
CALCUTTA HIGH COURT
Raja Basu Chowdhury, J
Saidul Molla & Anr. – Appellant
Versus
State of West Bengal & Ors. – Respondent
WPA 14994 of 2025
For the Appellants/Petitioners: Mr. Sauradeep Dutta, Mr. Rajdeep Bhattacharya, Mr. Himadree Ghosh
For the Respondents: Mr. Pradeep Kumar Roy, Mr. Partha S. Pal, Mr. A. Dutta, Mr. Srijan Nayek, Ms. Rituparna Maitra
Arbitrary actions by electoral authorities necessitate judicial intervention to uphold fair election processes.
Headnote:(A) West Bengal Cooperative Societies Act, 2006 - Cooperative Election Commission Regulation, 2012 - Writ petition challenging the arbitrary conduct of Cooperative Election Commission in failing to afford petitioners an opportunity to file nominations at the designated location - Court finds the commission's actions lack justification and stay the election process to ensure fairness. (Paras 1-15)
(B) Writ Jurisdiction - Nature and extent - The court exercises its jurisdiction to correct grave injustices where administrative actions appear arbitrary and adversely affect the rights of citizens. (Paras 10-12)
Facts of the case:
The petitioners, members of a cooperative society, sought to file nominations for an election but faced arbitrary relocation of submission points, jeopardizing their participation. Despite complaints, their efforts to resolve the matter were ignored.
Findings of Court:
The court observed that the actions of the Cooperative Election Commission and Returning Officer were arbitrary and questioned the integrity of the election process. The election scheduled for July 13, 2025, was stayed.
Issues: The main issue addressed was the legitimacy of relocating the nomination filing site and ensuring fairness in the cooperative elections.
Ratio Decidendi: The court emphasized the need for transparency and fairness in the electoral process, stating that arbitrary actions by electoral authorities undermine public trust.
Result: Election process stayed until proper explanation is provided.
| Table of Content |
|---|
| 1. challenging election irregularities. (Para 1 , 2 , 3) |
| 2. failure to act on complaints described. (Para 4 , 5) |
| 3. petitioners asserted their rights to participate in elections. (Para 6 , 7) |
| 4. concern over election commission's arbitrary decisions. (Para 10 , 11 , 12) |
| 5. court's criticism of decision-making process. (Para 13 , 15) |
| 6. judicial oversight on electoral procedural fairness. (Para 14) |
| 7. adjournment and request for further reports. (Para 16) |
1. The present writ petition has been filed inter alia challenging the failure on the part of the Cooperative Election Commission in failing to allow the writ petitioners to file their respective nomination papers at the place selected for filing nomination papers. The petitioners claim to be the members of the Piyasara Station Patty Samabay Krishi Unnayan Samity Limited, a Cooperative Society within the meaning of West Bengal Cooperative Societies Act, 2006 (hereinafter referred to as the ‘said Act’). According to the petitioners, on 21st May, 2025, the Assistant Returning Officer had published a draft voters’ list and had notified that the same was available for inspection of the members at the office of the Cooperative Society, being the respondent no. 6 herein and that the finalisation of the voters list shall taken place upon hearing objection, if any, at the office of the respondent no.6.
2. Still later on 4th June, 2025, the Assistant Returning Officer issued an election schedule wherefrom the petitioners came to learn to their utter surprise that the nomination papers would be distributed and the interested members would be required to file the same at a different location at the office of a different Cooperative Society i.e., Tarakeswar Thana Sambay Krishi Bipanan Samity, which is approximately 12 km away from the office of the respondent no. 6. Questioning the same, the petitioners had lodged a complaint on 9th June, 2025 which was addressed to the Deputy Registrar of Cooperative Societies, Hooghly.
3. The petitioners had subsequently on 9th June, 2025 attempted to file their nomination papers. Unfortunately they could not do so as they were stopped by other groups. Finding no alternative the petitioners had submitted nominations online via e-mail on 10th June, 2025. Petitioners contend that taking note of the complaint made by the petitioners, on 11th June, 2025, the Secretary, Cooperative Election Commission, West Bengal had called upon the Joint Registrar of Cooperative Societies, Cooperation Directorate, Hooghly Range Office and the Returning Officer to fix up one particular date for issuance and submission of nomination papers at the office of the Cooperative Society i.e. the respondent no.6.
4. Incidentally, the petitioners did not hear anything thereafter. Later on 20th June, 2025 the petitioners came to learn that in furtherance to an office memo dated 18th June, 2025 the election schedule had been revised in the following manner:-
5. This prompted the petitioners to make another complaint. Despite such complaint and demand for justice, no steps having been taken by the respondents, the writ petition was affirmed on 3rd July, 2025 and was filed on the following date.
6. Citing extreme urgency the matter was mentioned at the instance of the petitioners and upon notice to the parties, the matter has been listed and is taken up for consideration today.
7. Mr. Dutta, learned Advocate, representing the petitioners would submit that although the petitioners were under an impression that the election process would be re- scheduled in consonance with the notice dated 11th June, 2025, however, contrary to the same and keeping the petitioners in the dark although election has been re-scheduled, the same seeks to only consider the nomination papers already filed physically at the office of another society. The aforesaid seeks to interfere with the legal rights of the petitioners to be entitled to participate in the election process in the facts as noted above. The
