Mr. Krishna Narayan Daga And Ors vs Eastern India Motion Pictures … on 27 August, 2025

Calcutta High Court

Mr. Krishna Narayan Daga And Ors vs Eastern India Motion Pictures … on 27 August, 2025

Author: Arindam Mukherjee

Bench: Arindam Mukherjee

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                              ORDER SHEET

                   IN THE HIGH COURT AT CALCUTTA
                    Ordinary Original Civil Jurisdiction
                             ORIGINAL SIDE

                             IA No. GA/2/2025
                              In CS/136/2024

               MR. KRISHNA NARAYAN DAGA AND ORS
                              -VS-
       EASTERN INDIA MOTION PICTURES ASSOCIATION AND ORS


BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE

Date: August 27, 2025.

Appearance:

Mr. Kanisk Kejriwal, Adv.

Mr. Pranay Mukherjee, Adv.

…for the plaintiffs

Mr. Aniruddha Chatterjee, Sr. Adv.

Mr. Rahul Karmakar, Adv.

Mr. S. K. Poddar, Adv.

Mr. Sounak Mukherjee, Adv.

…for the defendant nos. 1 to 10, 12 to 17 and 19 to 24

Mr. Krishnaraj Thaker, Sr. Adv.

Mr. Vishwarup Acharyya, Adv.

…for the applicant in GA/2/2025

The Court: This is an application for addition of a party as a

plaintiff in a suit filed in representative capacity under the Provisions of

Order I Rule 10(2) of the Code of Civil Procedure, 1908 in short CPC.

In terms of the previous directions, the electoral roll and/or the

voters list of the eligible candidates to vote in the election of Eastern India

Motion Pictures Association (EIMPA) in the coming election scheduled to

be held on 19th September, 2025 is circulated.

Mr. Thaker, learned senior advocate on behalf of the applicant

says that his client’s name is there in the list. As a consequence whereof,
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he is entitled to vote and also entitled to contest the election, if his client

so chooses. Mr. Thaker further submits that according to his client, there

are certain names which have been arbitrarily and unlawfully included to

the voters list. The list therefore requires a rectification on this count. A

supplementary affidavit prepared by the applicant to show the names

which have been arbitrarily and wrongfully included is filed in Court and

taken on record.

Mr. Chatterjee, learned senior advocate representing the defendant

nos. 1 to 10, 12 to 17 and 19 to 24 on the other hand says that it too late

in the day for adhering to the request of the applicant to rectify the voters

list for the election scheduled to be held on 19th September, 2025. The

applicant had the opportunity to lodge his protest when the draft list was

published and objections were invited.

It is further submitted by him that applicant is not contesting in

the election as the date for filing nomination and withdrawal thereof have

stood concluded.

In the aforesaid facts and circumstances as aforesaid, since this is

a suit under the representative capacity and admittedly the applicant is a

valid member of the defendant no.1, the applicant is added as a party

defendant to the suit to ventilate his grievance, if any.

So far as the rectification of the voters list is concerned, let the

defendant no.1 file a rejoinder to the supplementary affidavit dealing with

the reasons as to why the names of the persons objected to by the

applicant have been included in the voters list.

Let such supplementary affidavit be filed by 15th September, 2025.
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Let this matter appear on 17th September, 2025.

It is clarified that the pendency of this application or the direction

seeking the views of the defendant no.1 regarding the names of the voters

said to have been illegally and wrongfully added in the voters list will not

stand in the way in holding the election scheduled on 19th September,

2025.

(ARINDAM MUKHERJEE, J.)

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