Court No. 2 IN THE HIGH COURT AT CALCUTTA

17.3.2025 Constitutional Writ Jurisdiction Item No. ADSL1)

(AB/Moumita) Appellate Side W.P.A. 6075 of 2025 Kishalay Bar VS The State of West Bengal & Ors.

Mr. Bikash Ranjan Bhattacharya, Sr. Adv.

(through virtual mode)

Mr. Bikram Banerjee Mr. Sudipta Dasgupa Mr. Saikat Sutradhar Mr. Sutirtha Nayek ….. for the Petitioner Mr. Swapan Banerjee Ms. Sumita Shaw …. For State respondents Mr. Pabitra Charan Bhattacharjee (through virtual mode)

…. For respondent Nos. 2 & 3 Mr. Srijan Nayak Ms. Rituparna Maitra …. For respondent Nos. 5, 11 & 12 Mr. Ankit Sureka Mr. Biplab Das Mr. Partha Sarathi Pal …..for the Registrar of Co-operative Societies Affidavit of service filed in Court today is taken on record.

Upon urgency being pleaded and since the determination has been assigned to this Court for today, this writ petition which has been appearing in the daily cause list of the regular bench marked at 11.30 A.M. against serial no. 204 of today’s list, has been taken up for consideration by publishing the matter in the supplementary cause list.

Mr. Bikram Banerjee, learned advocate led by Mr. Bikash Ranjan Bhattacharjya, learned senior counsel who appears through virtual mode for the petitioner.

Ms. Sumita Shaw, learned advocate led by Mr.

Swapan Banerjee, learned counsel appears for respondent no. 1.

Mr. Pabitra Charan Bhattacharjee, learned counsel appears for respondent nos. 2 and 3 through virtual mode.

Mr. Srijan Nayak, learned counsel appears for respondent nos. 5, 11 and 12 with Ms. Rituparna Maitra, learned advocate.

Mr. Ankit Sureka, learned counsel appears for respondent no. 10.

On the prayer of Mr. Bikram Banerjee, learned counsel appearing for the petitioner leave is granted to the petitioner to file supplementary affidavit. Supplementary affidavit filed on behalf of the petitioner affirmed on March 17, 2025 filed in Court today is taken on record. Copy has been served upon all the appearing respondents in Court today.

The petitioner is a schedule caste individual voter who claims to be a voter in the ongoing election of the relevant co-operative bank. This is the second round of writ litigation touching the election procedure of the self-same co-operative bank. The first writ petition WPA 309 of 2025 was disposed of by a co-ordinate bench by its order dated March 3, 2025 annexure p-2 at page 19 to the writ petition, when the co-ordinate bench deferred the election schedule and appointed a special officer to take charge of the affairs of the co-operative bank during the interregnum between the tenure expired of the last elected body and till the time next elected body takes charge. In such interregnum the election authorities issued both notices dated March 11, 2025 and at pages 40 and 41 to the writ petition whereunder the schedule of the election of the co-operative bank has been announced and the details of voters and the candidates have been provided for. Referring to the said notices the petitioner alleges violation of several statutory provisions inter alia clause 50 and clause 53 of the bylaw of the co-operative bank, Rule 39 of the Co-operative Societies Rule, 2011 and Section 38 and 39 of the West Bengal Co-operative Societies Act, 2006.

Learned Counsel for the petitioner submits that the election authority are proceeding in violation of the statutory provisions which in effect has taken away the rights of the schedule caste and schedule tribe voters from casting their votes in the manner as strictly laid down under the law. The schedule caste and schedule tribe candidates shall loose the right of representation for being elected delegates.

Referring to the supplementary affidavit the petitioner submits that the detail data base has been provided to this court wherefrom it appears that considering the numbers of existence of the schedule caste and schedule tribe voters at the respective locale, the list of delegates published in the said election notice for becoming elected are totally irrationa