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22.01.2026 Court No.19 BP WPA 1566 of 2026 Basudeb Das -versus-

The State of West Bengal and others Mr. Billawadal Bhattacharyya, Sr. Advocate Mr. Anish Kumar Mukherjee Mr. Aditya Mondal Ms. Megha Datta Mr. Tamoghna Pramanik ..for the petitioner Mr. Srijan Nayak Mrs. Rituparna Maitra ..for the Election Commission Mr. Asish Kumar Guha Mr. Benazir Ahmed ..for the State Mr. Ankit Sureka Mr. Partha Sarathi Pal ..for the respondent nos. 3 and 4 One of the contesting candidates in the delegate election of Ranichak Samabay Krishi Unnayan Samiti Limited (for short “RSKUSL”) has approached this Court praying for certain directions upon the Co-operative Election Commission and the police authorities for free and fair elections.

The Returning Officer has issued an election notification dated 31^st December, 2025 wherefrom it appears that the date of poll; counting of votes and declaration of results is fixed on January 25, 2026.

The petitioner has submitted a representation before the Co-operative Election Commission ( for short “the Commission”); the Returning Officer and other authorities requesting them to deploy adequate number of security forces on the day of election i.e. on January 25, 2026; to install sufficient number of CCTV cameras for surveillance and to ensure that persons other than the voters and those engaged for conduct of election are not allowed to come within a specific radius of the polling station.

Mr. Bhattacharyya, learned senior advocate appearing for the petitioner submits that in a Public Interest Litigation being WPA (P) 340 of 2021 in the case of Debdutta Maji @ Devdutta Majhi Vs. the State of West Bengal & Ors. concerning the election of Kolkata Municipal Corporation, the Hon’ble Division Bench passed an order on December 14, 2021 directing installation of CCTV cameras to add to the transparency in the election process. He also places reliance upon an order of a Co-ordinate Bench in WPA 28968 of 2024 passed on December 6, 2024 concerning the election to a Co-operative society wherein a direction was passed upon the Officer-in-Charge of the local police station to provide necessary assistance to facilitate the removal of camps set up by the rival parties within a specific radius. Mr. Bhattacharyya also places reliance upon a decision of the Hon’ble Supreme Court in Special Leave to Appeal (C ) No(s) 13916 of 2024 in the case of Rabindra Nath Thakur Vs. The State of West Bengal and others concerning the election of a Co-operative Society wherein installation of CCTV cameras were directed at the polling station.

Mr. Nayak, learned advocate appears for the Commission. He submits that the Commission has taken all necessary steps to ensure free and fair election. He further submits that a letter dated December 31, 2025 has been issued to the Inspector-in-Charge of the local police station for deployment of police personnel on the date of poll for election of delegates of RSKUSL. He submits that at the time of filing the nomination papers and other poll related activities necessary safeguards were also taken. He further submits that no complaint alleging happening of any untoward incident till the time of filing of the nomination has been reported to the Commission.

The learned advocate appearing for the State submits that necessary steps will be taken by the Inspector-in-Charge, local police station to ensure free and fair election in terms of the directions passed by the Commission.

Mr. Bhattacharyya, learned senior advocate for the petitioner does not dispute that no untoward incident took place till the filing of the nomination. He, however, submits, on instructions, that some untoward incidents happened on January 20, 2026 which gave rise to an apprehension in the mind of the petitioner that certain attempts to disrupt the elections might be made by interested parties on the date of poll.

The learned advocate appearing for the State upon instructions from the Inspector-in- Charge of local police station however