w w w . L a w y e r S e r v i c e s . i n



Kalyani Sarkar v/s State of West Bengal & Others


Company & Directors' Information:- KALYANI INDIA PRIVATE LIMITED [Active] CIN = U51909AS1998PTC005602

Company & Directors' Information:- WEST COMPANY (INDIA) PRIVATE LIMITED [Strike Off] CIN = U34203MH1995PTC092297

Company & Directors' Information:- T. SARKAR PVT. LTD. [Active] CIN = U74300WB1990PTC049054

    Writ Petition No. 31502(W) of 2017

    Decided On, 19 January 2018

    At, High Court of Judicature at Calcutta

    By, THE HONOURABLE MR. JUSTICE SUBRATA TALUKDAR

    For the Petitioner: Partha Sarathi Bhattacharya, Anindya Bose, Advocates. For the Respondents: Pantu Deb Roy, Iti Dutta, Srijan Nayak, Raja Saha, Sweta Saha, Dhilan Sengupta, Subhajit Panja, Advocates.



Judgment Text

1. Party/parties are represented in the order of their name/names as printed above in the cause-title.

2. From the extremely vocal submissions of all the parties, this matter is keenly fought.

3. On behalf of the petitioner, Mr. Bhattacharya, learned Senior Counsel places reliance on an order passed by the Hon'ble Single Bench dated 22nd June, 2017 in WP 16049(W) of 2017. The Hon'ble Single Bench, inter alia, was pleased to hold as follows:-

"Considering the above discussion and considering the sections as quoted above in my considered view the impugned order dated 6th June, 2017 passed by the Election Commission cannot be sustained in the eye of law. Accordingly, the impugned order dated 6th June, 2017 is hereby quashed and set aside. I direct the Election Commission to reschedule the election programme from the stage of publication of the list of valid voters on the basis of the final voters' list and complete the election process within two months from date.

To assist the Election Commission Mr. Pantu Deb Roy and Ms. Iti Dutta, learned advocates of this Hon'ble Court are appointed as Special Officer. The remuneration of the learned Special Officer is fixed at 2000 G.Ms each (per month), that shall be borne by the petitioner.

Needless to mention that if the Special Officers require police help during the election then the Officer-in-Charge of local Police Station on demand shall render all assistance and cooperation to the Special Officers.

The petitioner and the learned Special Officer are directed to communicate this order to the Officer-in-Charge of the local Police Station.

The writ petition is, thus disposed of.

There will be no order as to costs.

Let a xerox plain copy of this order, duly counter signed by the Assistant Registrar (Court), be made available to the learned advocates appearing for the parties and the Special Officers on usual undertaking."

4. Aggrieved by the order of the Hon'ble Single Bench(supra), the Private Respondents therein preferred an appeal being MAT 1220 of 2017 with the connected application being CAN 7052 of 2017. The appeal was decided by the judgment and order dated 23rd August, 2017 which, at its operative portion, reads as follows:-

"At the time of hearing of the instant matter, the learned advocate representing the Election Commission submits that some of the allegations made by the appellants-particularly in respect of the names appearing in the voters' list have substance and are required to be looked into.

In such circumstances, we are of the view that although elections to the concerned Co-operative Society are required to be held, the same cannot be held till the Election Commission publishes a fresh voters' list after taking into consideration objections from all parties including the appellants herein. Once a fresh voters' list is published by the competent authority, the election process shall be held in accordance with law.

The impugned judgment and order dated 22nd June, 2017, stands modified to the extent as above."

5. Mr. Bhattacharya submits that notwithstanding the clear direction of the Hon'ble Single Bench as modified by the Hon'ble Division Bench, the Respondents/Co-operative Election Commission has proceeded to publish the fresh voters' list.

6. Drawing the attention of this Court to Page-184 of the writ petition, Mr. Bhattacharya points out that in the said fresh voters' list, the name of the petitioner as a voter has been cancelled.

7. Second, Mr. Bhattacharya submits that the fresh voters' list does purport to indicate that the objections as directed to be considered by the Hon'ble Division Bench were so considered.

8. The third contention of learned Counsel for the petitioner that the fresh voters' list bears only the signatures of the Returning Officers appointed by the Election Commission and the Society without giving any indication of the involvement of the learned Special Officers, as appointed by the order dated 12th June, 2017(supra), in the process.

9. Mr. Nayak, learned Counsel for the Respondents/Election Commission submits that a notice inviting objections was issued by the Election Commission and such notice appears at Page-127 of the writ petition.

10. The objections as raised by the Objectors was considered in accordance with law and, there is no scrap of paper produced on behalf of the petitioner that objections were filed.

11. Mr. Nayak further submits that the Respondents/Election Commission was to act strictly in terms of the order of the Hon'ble Division Bench dated 23rd August, 2017 which permitted the Election Commission, being the sole Authority under the statute, to publish the fresh voters' list and complete the Election process in accordance with law.

12. It is also the submission of learned Counsel for the Respondents/Election Commission that the membership of the Society being vast the electoral process scheduled to culminate in the casting of votes on the 24th of January, 2018, ought to be interdicted at this stage.

13. The learned Special Officers as appointed by the order of the Hon'ble Single Bench dated 22nd June, 2017 appear in person. Learned Special Officers contend that post the order dated 22nd June, 2017, there is no iota of material available on record and, none can be produced, that the Respondents/Election Commission fulfilled the mandate of the order dated 22nd June, 2017 qua the Special Officers.

14. My. Nayek, at this stage, argues that the order of the Hon'ble Single Bench dated 22nd June, 2017 makes it abundantly clear that while the election process such as revision of voters' list and preparation of a fresh voters' list lie within the exclusive domain of the Election Commission any issue connected to maintaining orderliness in the conduct of the election can be exercised by the Respondents/Election Commission by co-opting the learned Special Officers in the exercise.

15. It is then sought to be brought to the notice of this Court by the learned Special Officers that notwithstanding their appointment by the order dated 22nd June, 2017, the Respondents/Election Commission has proceeded to conduct the election process through its own appointed Special Officers of the Co-operation Department of the State Government, with the nomenclature of Returning Officers.

16. Having regard to the facts brought on record as well as the directions of the Hon'ble Single Bench and the Hon'ble Division Bench (supra), this Court requires to be unequivocally satisfied whether the election process has been conducted both as per statute and, the terms of the directions of Court as recorded above.

17. For the above reasons, this Court, by way of an interim measure, permits the election scheduled for 24th of January, 2018 to proceed, however with the clear restraint that the final publication of the result shall be done without the leave of Court.

18. The petitioners are permitted to add the Manager/ the Senior-most Officer of the Respondents/Co-operative Society as well as the Bank/Bankers to the Society as party respondents to this writ petition.

19. Le

Please Login To View The Full Judgment!

t a copy of the writ petition be served on the added party-Respondents. 20. Ms. Saha, learned Advocate appears for a fresh batch of petitioners in a connected writ petition and, submits that her writ petition be brought on board for conjoint consideration with this writ petition. 21. The prayer of Ms. Saha is permitted. The interim order will be effective till the end of February, 2018 or, until further order/orders, whichever is earlier. 22. The matter is made returnable under the heading "Motions (Group-V) Co-operative Society" fairly at the top in the Combined Monthly List of February, 2018. 23. Affidavit of Service filed by the petitioner be retained with the record. 24. Parties are at liberty to act on a gist of the communication of this order.
O R







Judgements of Similar Parties

20-05-2020 Sadhana Bala Sarkar Versus Shyamu Sarkar & Another High Court of Tripura
19-05-2020 Dipu Singh @ Hulo Versus The State of West Bengal High Court of Judicature at Calcutta
19-05-2020 Bibhas Kunti @ Bibhas Kuti Versus The State of West Bengal High Court of Judicature at Calcutta
13-05-2020 Jayanta Sarkar Versus National Jute Board & Others High Court of Judicature at Calcutta
13-05-2020 Md. Jahidul Islam & Others Versus The State of West Bengal & Others High Court of Judicature at Calcutta
13-05-2020 Suprabha Adhikari & Others Versus The State of Tripura, Represented by the Secretary Revenue, West Tripura & Others High Court of Tripura
13-05-2020 Sudeb Mahato & Another Versus The State of West Bengal & Others High Court of Judicature at Calcutta
02-05-2020 Ratan Ch. Banik Versus The State of Tripura, Represented by the Secretary to the Government of Tripura, Department of Finance, West Tripura & Others High Court of Tripura
28-04-2020 Dr. Fuad Halim & Others Versus State of West Bengal & Others High Court of Judicature at Calcutta
24-04-2020 S.K. Jalaluddin & Others Versus The State of West Bengal & Others Supreme Court of India
24-04-2020 Dr. Mandira Sarkar & Others Versus State of Karnataka Department of Health & Family Welfare, Rep. by its Secretary & Others High Court of Karnataka
24-04-2020 Mohd. Asif Naseer Versus West Watch Company Through Its Proprietor Supreme Court of India
22-04-2020 West U.P. Sugar Mills Association & Others Versus The State of Uttar Pradesh & Others Supreme Court of India
17-04-2020 Dr. Faud Halim Versus State of West Bengal & Others High Court of Judicature at Calcutta
16-04-2020 In re : Smarajit Roychowdhury Versus State of West Bengal & Others High Court of Judicature at Calcutta
08-04-2020 In Re: Contagion of COVID-19 Virus in Children Protection Homes Versus State of West Bengal High Court of Judicature at Calcutta
20-03-2020 Joydeb Das Versus The State of West Bengal High Court of Judicature at Calcutta
20-03-2020 Suresh Chandra Das Versus The State of Tripura to be represented by the Chief Secretary to the Government of Tripura, Civil Secretariat, New Secretariat Complex, West Tripura & Another High Court of Tripura
20-03-2020 Narottam Das & Others Versus The State of West Bengal High Court of Judicature at Calcutta
18-03-2020 West Bengal Small Industries Development Corporation Ltd. & Others Versus M/s. Sona Promoters Pvt. Ltd. & Others Supreme Court of India
18-03-2020 Managing Committee, Bheramari A.M. High Madrasah & Another Versus State of West Bengal & Others Supreme Court of India
13-03-2020 Rakesh Mondal & Another Versus The State of West Bengal & Another High Court of Judicature at Calcutta
12-03-2020 Rekhanlal Shrivastava Versus Union of India General Manager West Central Railway JBP High Court of Madhya Pradesh
06-03-2020 Subhadep Adhikari Versus The State of West Bengal & Others High Court of Judicature at Calcutta
06-03-2020 Indian Oil Corporation Limited (Marketing Division) Senior Area Manager, West Bengal Versus Biswanath Adhikary & Others National Consumer Disputes Redressal Commission NCDRC
06-03-2020 M/s. Greenhaven Realty Private Limited. & Others Versus Kaushik Sarkar & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
04-03-2020 Avijit Biswas Versus The State of West Bengal & Others High Court of Judicature at Calcutta
04-03-2020 Suryaneel Das Versus The State of West Bengal & Others High Court of Judicature at Calcutta
04-03-2020 Marzina Bibi Versus The State of West Bengal High Court of Judicature at Calcutta
03-03-2020 United Bank of India, West Bengal Versus Ranjan Basu & Others National Consumer Disputes Redressal Commission NCDRC
03-03-2020 State of West Bengal Versus PAM Development Private Limited High Court of Judicature at Calcutta
02-03-2020 Dilip Shaw @ Sanatan & Another Versus State of West Bengal & Others Supreme Court of India
28-02-2020 Cauvery Construction, West Bengal & Another Versus Subrata Samanta & Others National Consumer Disputes Redressal Commission NCDRC
28-02-2020 Kaisar Versus State of West Bengal High Court of Judicature at Calcutta
28-02-2020 Amit Singh @ Amit & Others Versus The State of West Bengal High Court of Judicature at Calcutta
26-02-2020 Saani Das Versus The State of West Bengal & Others High Court of Judicature at Calcutta
26-02-2020 Minati Sarkar & Others Versus Sibatosh Chakraborty High Court of Judicature at Calcutta
25-02-2020 Supriyo Raychaudhuri Versus GTPL Kolkata Cable & Broadban Pariseva Ltd., West Bengal & Another National Consumer Disputes Redressal Commission NCDRC
25-02-2020 M/s. Tridev Express Cargo, West Bengal Versus IPSITA Saha, West Bengal National Consumer Disputes Redressal Commission NCDRC
24-02-2020 Md. Safique Versus The State of West Bengal High Court of Judicature at Calcutta
24-02-2020 Saurabh Kar & Another Versus Kolkata West International City Pvt. Ltd. & Another West Bengal State Consumer Disputes Redressal Commission Kolkata
24-02-2020 Arup Dey Versus The State of West Bengal & Others High Court of Judicature at Calcutta
24-02-2020 Downtown Temptations Pvt. Ltd. Versus The State of West Bengal Supreme Court of India
21-02-2020 Secretary, Bairgachi High School Versus State of West Bengal & Others High Court of Judicature at Calcutta
20-02-2020 Md. Younus Ali Tarafdar Versus The State of West Bengal Supreme Court of India
20-02-2020 Motamarri Appanna Veerraju @ Mav Raju Versus The State of West Bengal Supreme Court of India
19-02-2020 Swapan Banerjee & Another Versus State of West Bengal & Another High Court of Judicature at Calcutta
19-02-2020 The Indian Golf Union & Others Versus West Bengal Golf Society & Others High Court of Judicature at Calcutta
17-02-2020 Aijul Gharami Versus State of West Bengal High Court of Judicature at Calcutta
14-02-2020 Nibaran Mudi & Another Versus The State of West Bengal High Court of Judicature at Calcutta
14-02-2020 Nure Shobha Begum & Another Versus The State of West Bengal & Others High Court of Judicature at Calcutta
14-02-2020 Amirul Islam Versus State of West Bengal & Others High Court of Judicature at Calcutta
14-02-2020 Gurupada Das Versus The State of West Bengal High Court of Judicature at Calcutta
12-02-2020 Mariyam Begam & Others Versus The State of West Bengal High Court of Judicature at Calcutta
12-02-2020 Lachhu Indower Versus The State of West Bengal High Court of Judicature at Calcutta
11-02-2020 Arup Sarkar Versus C.E.S.C. Limited & Others High Court of Judicature at Calcutta
10-02-2020 Rupa & Co. Ltd & Another Versus State of West Bengal & Others High Court of Judicature at Calcutta
07-02-2020 S.K. Anar @ S.K. Anarul Versus The State of West Bengal High Court of Judicature at Calcutta
07-02-2020 Binoy Krishna Dey & Another Versus The State of West Bengal High Court of Judicature at Calcutta
07-02-2020 Dilip Bera Versus The State of West Bengal High Court of Judicature at Calcutta
06-02-2020 Litan Sarkar Versus The State of West Bengal High Court of Kerala
05-02-2020 Tarit Kumar Biswas Versus Ashim Bandhu Sarkar West Bengal State Consumer Disputes Redressal Commission Kolkata
05-02-2020 Pradipta Kumar Jana Versus State of West Bengal & Others High Court of Judicature at Calcutta
05-02-2020 Mizanur Rahman alias Sk. Mizanur Versus The State of West Bengal High Court of Judicature at Calcutta
04-02-2020 Rina Karmakar Versus Life Insurance Corporation of India, West Bengal & Others National Consumer Disputes Redressal Commission NCDRC
04-02-2020 Md. Irfan & Others Versus The State of West Bengal High Court of Judicature at Calcutta
04-02-2020 Madan Barman Versus State of West Bengal High Court of Judicature at Calcutta
04-02-2020 Mira Rani Hazra & Others Versus State of West Bengal & Others High Court of Judicature at Calcutta
29-01-2020 Mondal Construction Company Ltd., Uttarayan, West Bengal & Others Versus Recovery Officer Securities and Exchange Board of India, Kolkata & Others SEBI Securities amp Exchange Board of India Securities Appellate Tribunal
28-01-2020 Somnath Majhi & Another Versus State of West Bengal High Court of Judicature at Calcutta
28-01-2020 New India Assurance Co. Ltd., Through its Authorised Signatory, New Delhi Versus M/s. Durga Bricks Industries, West Bengal & Others National Consumer Disputes Redressal Commission NCDRC
28-01-2020 Mohit Lal Ghosh Versus The State of West Bengal & Others High Court of Judicature at Calcutta
28-01-2020 Murshidabad Sale & Supply Co-Operative Society Ltd. Versus The State of West Bengal & Others High Court of Judicature at Calcutta
27-01-2020 Dukhiram Bhattacharya Versus State of West Bengal & Another High Court of Judicature at Calcutta
24-01-2020 Chunaram Hansda Versus The State of West Bengal High Court of Judicature at Calcutta
24-01-2020 Kalyani Saha & Another Versus M/s. Chowdhury Projects Pvt. Ltd. & Another West Bengal State Consumer Disputes Redressal Commission Kolkata
24-01-2020 Dhenu Murmu Versus The State of West Bengal High Court of Judicature at Calcutta
22-01-2020 Kendriya Bhandar & Another Versus State of West Bengal & Others High Court of Judicature at Calcutta
22-01-2020 State of West Bengal & Others Versus Sanmohan Chatterjee & Others High Court of Judicature at Calcutta
22-01-2020 Nurul Huda & Others Versus State of West Bengal & Others High Court of Judicature at Calcutta
22-01-2020 Bhaskar Ghosh Versus The State of West Bengal & Others High Court of Judicature at Calcutta
22-01-2020 Rajkishore Shaw @ Nandu & Others versus State of West Bengal High Court of Judicature at Calcutta
22-01-2020 The Divisional Manager F.D.C.M. West Chanda Project Division & Others Versus Nilkanth In the High Court of Bombay at Nagpur
21-01-2020 TITEC Finance Ltd. Versus The State of West Bengal & Others High Court of Judicature at Calcutta
21-01-2020 Krishna Daga & Another Versus West Bengal Surface Transport Corporation Ltd. & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
21-01-2020 Chayan Chatterjee Versus State of West Bengal & Another High Court of Judicature at Calcutta
21-01-2020 Pranati Das @ Puja Shil Versus The State of West Bengal High Court of Judicature at Calcutta
21-01-2020 Jagjit Singh Versus The State of West Bengal High Court of Judicature at Calcutta
20-01-2020 Manoj Kumar Chowdhury Versus State of West Bengal & Others High Court of Judicature at Calcutta
20-01-2020 Debdas Mondal Versus State of West Bengal High Court of Judicature at Calcutta
18-01-2020 Amrita Sarkar (Ghosh) & Another Versus United Bank of India & Another Tripura State Consumer Disputes Redressal Commission Agartala
16-01-2020 Bijoy Mondal & Others Versus State of West Bengal High Court of Judicature at Calcutta
16-01-2020 Amirul Haque Versus State of West Bengal High Court of Judicature at Calcutta
15-01-2020 S.K. Aktar Ali & Another Versus State of West Bengal High Court of Judicature at Calcutta
15-01-2020 Jakir Hosain Mondal Versus State of West Bengal High Court of Judicature at Calcutta
15-01-2020 Bibhas Saha & Others Versus State of West Bengal & Others High Court of Judicature at Calcutta
14-01-2020 Bablu Sardar Versus State of West Bengal High Court of Judicature at Calcutta
14-01-2020 Amal Ghosh Versus State of West Bengal High Court of Judicature at Calcutta
13-01-2020 Tapan Kumar Ray Alias T.K. Ray Versus State of West Bengal & Another High Court of Judicature at Calcutta
13-01-2020 Paritosh Kumar Mukhapadhyay Versus State of West Bengal & Others High Court of Judicature at Calcutta


LawyerServices is a Premium Legal Tech solution.


Lawyers, Law Firms, Government Departments and Corporates rely on us for, Workflow Automation, Data Aggregation, Timely Updates, Case Management, Intelligent Research, Latest Legal Data Updates and a LOT more!

If you are a legal professional, CONTACT US, in order to see how our UNIQUE solution can benefit your organization.

Features Intro Close Box