16.09.2025

Item No AD 9-12 Saswata

WPA 21198 of 2025 IA NO: CAN 1 2025

SWAPAN SANTRA AND ORS.

VS

STATE OF WEST BENGAL AND ORS.

With

WPA 19606 of 2025 IA NO: CAN 1 2025

PRADIP KUMAR BERA AND ANR.

VS

THE COOPERATIVE ELECTION COMMISSION, WB

AND ORS.

Mr. Deepnath Roy Chowdhury

Mr.Asif Hussain

Mr. Ovik Sengupta Ms. Puja Banerjee

…For the petitioner in WPA 21198 of 2025

Mr. Srijan Nayak

Ms. Rituparna Maitra

…For the Cooperative Election Commission

Mr. Tanoy Chakraborty

Mr. Saptak Sanyal

…For the State in WPA 21198 of 2025

Mr. Ankit Sureka

Mr. Biplob Das Mr. Asis Dutta

…For the respondent no. 2

Mr. Raja Saha

Mr. Sanjay Mukherjee

Ms. B. Roy

…For the Society

Mr. Sabyasachi Chatterjee

Mr. Subhajit Panja

…For the petitioner in WPA 19606 of 2025

Mr. Subhajit Panja

…For the interveners in WPA 21198 of 2025

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 Returning Officer was appointed on 28th June 2024 to hold the election of the respondent no. 6 / cooperative society (hereinafter referred to as the “society”). Although, the matter had proceeded up to the stage of publication of the voters list, however, at the instance of the petitioners in WPA 15797 of 2025 and upon considering their grievances that several deceased members and employees of the society who are ineligible to participate in the election process having regard to the provisions of Section 63(2) of the West Bengal Cooperative Societies Act, 2006 (hereinafter referred to as the “said Act”), had been included in the voters list, this Court without interfering with the election process as scheduled, had by order dated 22nd July, 2025 directed the Cooperative Election Commission, West Bengal to ascertain upon giving opportunity of hearing to all concerned on the basis of disclosure made in the writ petition and/or further disclosures to be made whether the names of the employees of the society have been included in the voter list and in the event of such inclusion, strike off their names, with a further direction that if the Cooperative Election Commission, West Bengal is satisfied with regard to the genuinity of the death certificates, of the names of the deceased voters as included in the voters list, by noting the objection, to strike off such names as well.

4. The petitioners claim to be members of the above Cooperative Society and had filed their nomination for contesting the delegate elections.

5. The parties at this stage would jointly submit that the Assistant Returning Officer, pursuant to the aforesaid order dated 22nd July, 2024 had embarked upon an enquiry and had deleted the names of certain employees and certain deceased members, though, Mr. Roy Chowdhury, learned advocate appearing for the petitioners in the instant writ petition would complain that although, particulars of the deceased members and the employees had been disclosed by the petitioners, the Assistant Returning Officer did not act on the basis thereof. Following the aforesaid correction and publication of voter list on 26th July 2025, the election of delegates of the society had been completed on 27th July 2025.

6. Mr. Roy Chowdhury submits that though the election of delegates had been completed, however, since the petitioners were aggrieved by the finalization of the voter list, the petitioners had raised a dispute case