BILBHADRA BARMAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Let affidavit of service affirmed on 4th January, 2013, filed today, be kept on record. In the writ petition, the petitioner has prayed for a direction upon the West Bengal Board of Secondary Education, the respondent No. 2 to consider his objection regarding the final voters' list of Singijani High School (H.S.), particularly with regard to the election to the Guardian Category which was held in the year 2012 and for a further direction for holding election afresh after rectification of the voters' list. The principal grievance of the petitioner, as evident from the representation dated 4th September, 2012 addressed to the Secretary of the Institution, is that under the law it is impermissible to enlist the names of both father and mother as voters. Mr. Ayan Banerjee, learned advocate for the petitioner, submits that as the term 'Guardian' means "father or mother", the resolution adopted by the Board on 3rd December, 2009, cannot be accepted.

(2.) Mr. Debabrata Saha Roy, learned advocate for the Managing Committee of the said Institution and Mr. Soumitra Bandyopadhyay, learned advocate for the State relying on the resolution adopted by the Executive Committee of the Board on 3rd December, 2009, submit that in a given situation where the same parents have two wards in the same Institution and the father signs the admission register as the guardian of one ward and the mother signs the admission register as the guardian in respect of another ward, both father and mother are eligible to be enlisted as voters as each of them signs separately against a particular ward.

(3.) Heard learned advocates for the parties. Perused the representation dated 4th September, 2012.