Kishori Ranjan Jana vs Haradhan Das & Ors.

Let the affidavits of service filed in Court today be taken on record. Re: CAN 4274 of 2017

Having heard the learned advocates present and upon perusing the instant application, considering the facts and circumstances of the instant case, we allow the instant application by granting the applicant leave to prefer an appeal against the order dated 18th April, 2017, rendered by the learned Single Judge in WP 12855 (W) of 2017 (Haradhan Das & Ors. vs. The State of West Bengal & Ors.).

The application is accordingly allowed. Re: CAN 4273 of 2017 in MAT 668 of 2017

With

CAN 4275 of 2017 in MAT 667 of 2017

By consent of the parties, both the appeals are treated as on day''s list and taken up for consideration along with the respective connected applications.

Both the appeals have been preferred by Kishori Ranjan Jana, being the writ petitioner in WP 10446 (W) of 2017, against the judgment and order dated 18th April, 2017, rendered by the learned Single Judge while disposing of two writ petitions, being WP 12855 (W) of 2017 (Haradhan Das & Ors. vs. The State of West Bengal & Ors.) with WP 10446 (W) of 2017 (Kishori Ranjan Jana vs. The State of West Bengal & Ors.).

It appears that the subject matter of the writ petitions centres around election of members of Kalaberia Samabay Krishi Unnayan Samity Limited - a cooperative society - to form its Board of Directors. An issue was also raised before the learned Single Judge with regard to the constitution and functioning of the nominated Board till such time the election was conducted. The learned Single Judge after considering the submissions at length was pleased to appoint a learned advocate of this Court as a Special Officer who was directed to assist the Election Commission to conduct the election in a fair manner. The operative portion of the impugned judgment and order is set out hereinbelow:-

"Therefore, I appoint Mr. Pantu Deb Roy, learned advocate of this Hon''ble Court as a Special Officer to assist the Election Commission to hold the election.

Monthly remuneration of the Special Officer will be borne by the Cooperative Society @3000 GM per month.

The Nominated Board is directed to furnish all papers pertaining to the membership/accounts of the said Co-operative Society to the court appointed Special Officer within fortnight from the date of communication of this order. After receiving all papers from the nominated Board, Mr. Deb Roy will hand over those papers to the Election Commission within ten days thereafter. The Election Commission is directed to hold and complete the election of the said Co-operative Society within three months from the date of receiving of entire documents from the court appointed Special Officer.

After handing over all the documents as indicated above to the court appointed Special Officer Mr. Pantu Deb Roy, the Nominated Board shall not function and will be treated as defunct.

All the registered postal documents submitted by Mr. Ahmed be kept on record.

With this direction, the writ petitions are disposed of."

In an Intra-Court Mandamus Appeal, no interference is usually warranted unless palpable infirmities or perversities are noticed. On a plain reading of the impugned judgment and order no such palpable infirmities or perversities are noticed. Moreover, the impugned judgment and order is supported with cogent and justifiable reasons. We are, however, of the view that till such time the West Bengal Cooperative Election Commission completes the election process in terms of the order rendered by the learned Single Judge, the nominated Board shall function under the direct supervision of the Special Officer. So far as remuneration of the Special Officer is concerned, the same is fixed at 2000 G.Ms. per month, which shall be borne by the parties, equally. It is also made clear that once the Board is validly constituted, the Special Officer shall ensure that the nominated Board hands over effective control of the cooperative society to the duly elected Board of Directors. For the purpose of conducting the election of the Board of Directors, the West Bengal Co-operative Election Commission as well as the Special Officer shall be at liberty to approach the Superintendent of Police, Purba Medinipur, who shall ensure rendering of effective assistance by the local police authorities.

Both appeals along with the respective connected applications stand disposed of accordingly.

Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties.