Authority: High Court at Calcutta, Constitutional Writ Jurisdiction Appellate Side

Order Date: 15 Oct 2026

Case Overview

  • Parties: petitioner Laxmi Rabi Das vs. The State of West Bengal & Others (including Co-operative Election Commission and Co-operative Society identified as Respondent No. 6).
  • Nature of Proceeding: Writ Petition (WPA No. 30508 of 2026) challenging non‑consideration of the petitioner’s representation alleging omission of eligible self‑help group members from the voter list of the Co‑operative Society.
  • Petitioner’s Allegation: The representation (attached as page 17 of the petition) claims that eligible self‑help group members were excluded from the voter list prepared by the Returning Officer for the proposed election.
  • Respondents’ Position: Contesting respondents contend that no material has been produced to demonstrate any defect in the voter list published by the Returning Officer.
  • Court’s Observations: After reviewing all materials and hearing counsel for both sides, the Court finds merit in the petitioner’s grievance and orders appropriate relief.

Directions Issued

1. Consideration of Representation: Respondent No. 5 authority (Co‑operative Election Commission) must consider the petitioner’s representation, provide an adequate hearing to the petitioner or authorized representative, and pass a reasoned order.

2. Communication: The reasoned order must be communicated to the petitioner promptly after it is passed.

3. Time‑frame: All steps, including the hearing and issuance of the order, must be completed by 31 Oct 2026; the deadline is peremptory and mandatory.

4. Election Date Deferment: The election originally scheduled for 27 Oct 2026 is deferred to 17 Nov 2026.

5. Procedural Formalities: The petitioner’s counsel is authorized to serve a certified copy of this order, along with the representation, on Respondent No. 5 authority.

6. Costs: No order as to costs.

7. Certified Copy: An urgent photostat certified copy of the order shall be provided to the parties upon compliance with all legal formalities.

Final Outcome

  • The Court mandates the Co‑operative Election Commission to review and act upon the petitioner’s representation regarding voter list omissions, with a strict deadline of 31 Oct 2026, and orders the postponement of the Co‑operative Society’s election to 17 Nov 2026. No costs are awarded, and parties will receive a certified copy of the order after compliance.

Topics: Election Law, Co‑operative Governance