ARUN KUMAR DUTTA AND OTHERS Vs. THE PRINCIPAL SECRETARY AND OTHERS

JUDGEMENT

(1.) The petitioners in W.P. 3523(W) of 2016 have filed the writ petition praying, inter alia, the following reliefs:-

(2.) Mr. Maitra submits that on 22nd August, 2012 this Hon'ble Court passed an order thereby directing the Special Officer to hold the election of the concerned Cooperative Society formed by the employees of the said factory. Mr. Maitra further submits that till date the Special Officer failed to conduct the election of the said Co-operative Society pursuant to the Hon'ble Court's order dated 22nd August, 2012. Mr. Maitra submits that the tenure of the Board has already been expired on 16th June, 2012. Mr. Maitra submits that since no election has been held, therefore, the petitioners compel to file the present writ petition for a direction upon the Special Officer to hold the election pursuant to the Hon'ble Court's order dated 22nd August, 2012.

(3.) Mr. Bikash Ranjan Bhattacharya, learned senior advocate for the petitioners in W.P. 4947(W) of 2017 submits that by assailing the impugned notice dated 7th February, 2017 published in Sambad Pratidin, a daily vernacular newspaper thereby the Assistant Returning Officer had fixed the venue at his sweet will and whims at Dumdum Kumar Ashutosh Institution (Main) for Boys, 10/1, Dumdum Road, Kolkata-30. Mr. Bhattacharya submits that there is enough place and accommodation in the factory premises where the election can be conducted. But unfortunately by the impugned notice the Assistant Returning Officer has shifted at the said school premises that the venue is at all accepted by the petitioners in the present writ petition and also the petitioners in W.P. 3523(W) of 2016. Mr. Bhattacharya further submits that without assigning any valid reason the Assistant Returning Officer has fixed the venue at the said school.