The point of maintainability, as raised by Mr. Majumdar, is kept open to be decided at the time of final hearing of the present application: Calcutta High Court

The above was opined by the Calcutta High Court in the case of Subhra Mukhyapadhya and Anr. v. Union of India and Ors. IA NO: GA/1/2022In WPO/187/2020 that was presided over by the Honourable Justice Raja Basu Choudhury on 23rd December 2022. 


The petitioners have filed this application, among other things, to contest a circular allegedly issued by respondent number 4 on December 2nd, 2022, which notifies that the association’s general body meeting will be held on November 24th, 2022, starting at 11 a.m., in Siliguri, to discuss the following agenda-

  1. To accept the General Secretary’s Report.
  2. To approve the Statement of Audited Accounts for the years 2019 and 2020.
  3. Any modifications to the Association’s rules and regulations.
  4. To discuss any other subject with the chair’s approval.
  5. To choose the nominee for the upcoming term of office.


Three weeks after Christmas, under the heading “Hearing,” the aforementioned application and the main writ application are made returnable.

Affidavits may be freely exchanged between the parties in this proceeding. It is made apparent that the aforementioned order was issued at the parties’ request.

The maintainability issue addressed by Mr Majumdar is left unresolved until the present application’s final hearing.

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