ARINDAM SINHA,J. - (1.) Two writ petitions have been listed together for hearing. Mr. Sanyal, learned advocate appears on behalf of petitioners who claim to be members of Governing Body of Sripat Singh College, as duly elected. Notice dated 10th November, 2016 was issued convening meeting of Governing Body to elect its President. Said meeting was scheduled to be held on 18th November, 2016. A meeting was held on that day and according to petitioners, respondent no.14 in W.P.28970 (W) of 2016 was duly elected President. He submits, respondent no.6, Principal of the College, lodged purported complaint in local police station after meeting was held and went on to issue purported notice dated 8th December, 2016 notifying yet another meeting of Governing Body to be held on 16th December, 2016. He submits, in the meeting of Governing Body held on 18th November, 2016 there was declaration recorded to effect election of respondent no.14 (in W.P. 28970 (W) of 2016) as President. He refers to paragraph 7 in W.P.28970 (W) of 2016 which is reproduced below: "7. Next day, i.e., 19th November, 2016, the petitioners came to know from the other staff of the said college that the police authorities had visited the college in the morning for the purpose of investigation on the basis of an F.I.R. that had been lodged by the respondent no. 6 at Jiaganj Police Station alleging that some outsiders and hooligans had entered his chamber on 18th November, 2016 while he was conducting the meeting of the Governing Body for the purpose of election of its President and that those hooligans had looted the ballot box, resolution book and all other relevant documents and as such, no meeting could actually be held on 18th November, 2016 and no resolution adopted."
(2.) Hence, prayers in this writ petition regarding relief of confirmation of election of President in said Governing Body meeting held on 18th November, 2016. He submits, interim order was made in W.P.28970 (W) of 2016 on 15th December, 2016. Said notice issued by Principal was directed not to be implemented for a limited time. The interim order continues till today. Kalyani University, a respondent in this writ petition was directed to investigate into state of affairs of the College in relation to meeting of Governing Body held on 18th November, 2016 and to apprise Court by affidavit.
(3.) Mr. Sanyal refers to affidavit of the University. He draws attention to report signed on 3rd January, 2017 disclosed therein. He relies on the report as under. "Though from the above it is seen that clear majority of the members of the new GB affirmed that (i) no unknown outsider entered into the meeting room during the whole election process (ii) the result of the voting was declared and (iii) recording of the proceedings of the meeting was done and also vast majority of the persons from the teaching and nonteaching staff members of the college, other than members of the new Governing Body, stated that no untoward incident took place on that particular date during the process of election in the college, there were opposing views also. Under the above circumstances, the investigation team faces the difficulty in drawing any unambiguous conclusion and leaves the matter of drawing any reasonable inference, based on the aforesaid observations, to the appropriate authority.";