Arindam Mukherjee, J. - (1.) The appeal is at the instance of 40 (forty) persons who were not parties to the writ petition wherein the order impugned dated 6th June, 2018 was passed. The appellants, being persons aggrieved, obtained leave to file the instant appeal by an order dated 20th June, 2018.
(2.) The respondents nos. 1 to 33 are the writ petitioners. The respondent no. 34 is the State of West Bengal. The respondent no. 35 is the Registrar of Co-operative Society, West Bengal. The respondent No. 36 is the Cooperation Directorate, Purba Medinipur I. The respondent no. 37 is Dwitiyo Khanda, Jalpai Gram Sabha Samabay Krishi Unnayan Samiti Limited (hereinafter referred as to the 'said Samiti'). The respondent Nos. 38 and 39 are Manager and the Returning Officer of the said Samiti, respectively. The Returning Officer is the Assistant Registrar of Co-operative Society, Range 1, Purba Medinipur. The respondent nos. 40 and 41 are the District Magistrate, Purba Medinipur and the Sub-Divisional Officer Tamluk Sub-Division, respectively. The respondent no. 42 is the Block-Development Officer Chandipur Block, Purba Medinipur. Respondent No. 43 is the Officer-in-Charge Chandipur Police Station, Purba Medinipur. The respondent nos. 34 to 43 were respondents nos. 1 to 10 in the writ petition, respectively.
(3.) The writ petitioners in the writ petition, being W.P. 1816(W) of 2018 (Shri Guruprasad Jana and Ors. vs. The State of West Bengal & Ors.), which was filed on or about 25th January, 2018, inter alia, alleged as follows:- a.A public notice dated 8th January, 2018 was issued for holding the election of the delegates of the "said Samiti" for five constituencies being Sashiganj, Baishachak, Harikhali, Moupakha and Barahachandi. Total numbers of delegates to be elected were 50. The election was scheduled to be held on 4th February, 2018. b.In terms of the said notice the date for distribution of nomination papers was fixed on 15th and 16th January, 2018 whereas the date of filing of nomination papers was on 17th January, 2018 (between 10.00 a.m and 2.00 p.m). Scrutiny of nomination papers was scheduled on 18th January, 2018. The date of withdrawal of nomination was fixed on 19th January and publication of list of contesting candidates was on 19th January, 2018 (after 3 pm). c. The writ petitioners are all eligible to contest the election of the "said Samiti". d.On 17th January, 2018 at the schedule time i.e., 10.00 a.m, the writ petitioners went to file their nomination papers but were restrained by the respondents no.2 to 5 (in the writ petition) and respondents no.35, 36, 37, 38 & 39 in the appeal. e. On 17th January, 2018 the writ petitioners were told to wait till 1.00 p.m and the nomination papers of some other persons were allowed to be filed till that time. When the writ petitioners started questioning the conduct of the respondents (in writ petition), the nomination papers of the writ petitioner nos. 7 and 14 were torn and they were assaulted. Barricades were put up restraining them from filing their nomination papers without assigning any reason for the same. f. The writ petitioners made a complaint to the Officersin-charge of Chandipur Police Station (respondent no.10 in the writ petition) on 17th January, 2018. They also made a complaint to the Co-operation Directorate, Purba Medinipur, Range-1 (respondent no.3 in the writ petition) on 18th January, 2018 but the said respondents failed to take any action.;