BHABANI PAKREY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This was an appeal against the interim judgment and order dated 10th January, 2011 passed by the learned Trial Judge in the writ petition filed by the appellants above-named. The appellants and the respondents Nos. 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 are the students of Shyamsundar College situates at Shyamsundar in the District of Burdwan. The eligible students in this college went for election for the re-constitution of the students union of the said college for the year 2010-2011. The said election was held on 23rd of December, 2010. The appellants were not successful candidates as such they could not participate in the re-constitution of the students union. The above respondents who were the students were successful and could participate in reconstituted formation of the Students Union. It appears from the writ petition that from the day of publication of the provisional voter list some of the appellants raised correctness of those voter lists alleging irregularity and impropriety in preparation of the voter list. It is grievance of the appellants before the learned Trial -Judge and before us as it appears from the body of the writ petition that those grievances during pre-election period were not resolved and despite that the election as scheduled was held. It further appears from the writ petition that during post-election period there were grievances with regard to the conduct of holding election and further method and mannerism of counting of votes and declaration of the result. We could ascertain from the writ petition the basic grievance is that the Returning Officer for holding election, as well as the Governing Body did not address their grievances in proper way. In sum and substance there has been studied neglect and unexplained inaction of the Returning Officer being the Principal of the said college in taking action. The Returning Officer under the Regulations framed under the Burdwan University Act 1981, is duty bound to take action for resolving disputes arose during both pre-election and postelection period. In the aforesaid background, the writ petitioners/appellants prayed for the following reliefs:-

(2.) The learned Trial Judge however, refused to grant interim relief as prayed for and it has been made clear that the election so held will abide by the result of the application, and gave direction for filing affidavit.

(3.) Going through the order of the learned Trial Judge it is reasonably apprehended by the parties that the term of one year may run out by the time writ petition would be heard out finally.