JUDGMENT : The convening of a meeting by the General Secretary of Officers of UCO Bank on 15th August, 2018 by a notice dated 6th August, 2018 is challenged in this proceeding. 2. There appears to be a dispute between two groups of trade unions and the sore point appears to be that some of the members who have casted their votes were ineligible in terms of guidelines issued by election commission on 3rd July, 2018. It appears that the election commission on 3rd July, 2018 has issued a Guideline for Election/Selection of Delegates to the 10th Triennial Conference to be held at Kolkata on 11th & 12th August, 2018. 3. The learned Counsel for the parties have submitted that out of six zones election has already taken place for the five zones and the dispute is with regard to the Kolkata Zone, which represents the head office. The dispute arose at the time of counting of votes. The Election Commission stalled the counting by a notice dated 21st July, 2018 alleging that serious disputes have arisen regarding members list of head office unit of association of Officers of UCO Bank as on 30th June, 2018 as raised by contesting candidate and subsequent clarifications given by General Secretary AOUCB , West Bengal and it has been decided that the counting of votes shall be kept in abeyance till the matter is investigated and final report is submitted to the election commissioner. 4. Mr. Soumya Majumder, learned Counsel representing the Election Commission submitted that the process is on and the Election Commission is investigating into the matter. Mr. H.K. Mitra, learned Senior Counsel representing the petitioner has submitted that after the electoral roll was finalised on 14th July, 2018 the voting took place on 19th July, 2018 and at that time no dispute was raised by the rival camp that there were any mistake or irregularity in the preparation of the electoral roll. 5. Mr. Mitra, submits that at the behest of the rival camp on 21st July, 2018 the Election Commission has issued the said notice which is palpably arbitrary and contrary to the guidelines issued by the Commission. Mr. Kar, the learned senior Counsel representing the respondents 3 and 4 has submitted that during counting it has come to the notice of the said respondents that members were allowed to cast their votes contrary to the guidelines no. Mr. Kar, the learned senior Counsel representing the respondents 3 and 4 has submitted that during counting it has come to the notice of the said respondents that members were allowed to cast their votes contrary to the guidelines no. 2 and 3 and as soon as the same was noticed dispute was raised with the Election Commission. The Election Commission being prima facie satisfied that a dispute has arisen with regard to the preparation of electoral roll in its discretion has issued the said notice. The Election Commission is performing its duties and at this stage they shall not be injuncted or prevented from exercising their power and investigating into the matter. 6. Mr. Kar, further submits that the members’ list was never circulated amongst members and no objection was invited before the election was held on 19th July, 2018. 7. Without going into the merits of the claim made by the petitioner that the respondents realising that they are going to lose the election in the event counting of votes takes place in my view, it would be just and proper if a Special Officer is appointed under whose supervision Election Commission shall count the ballots and file the results in a sealed envelope for consideration on the adjourned date. However, the appointment of Special Officer shall not be construed to mean that the Court is satisfied that Election Commission has acted mala-fide. The said appointment is necessary to avoid any future complication in the matter having regard to the nature of the disputes between the parties. 8. Accordingly, Justice Tapash Mookherjee (Retd.) is appointed as Special Officer. Mr. Kar, learned Senior Counsel has given the suggestion that the electoral roll may be revisited and scrutinised. It is needless to mention that the Special Officer under whose supervision the counting of votes shall take place in his report shall also indicate, if any voter was found to be ineligible in terms of the guideline nos. 2 and 3 as there cannot be any dispute that if any one has cast his vote dehors the guidelines such votes cannot be counted. The Special Officer shall take possession of the original members’ list and the counting should take place in presence of the Candidates only and none else. 2 and 3 as there cannot be any dispute that if any one has cast his vote dehors the guidelines such votes cannot be counted. The Special Officer shall take possession of the original members’ list and the counting should take place in presence of the Candidates only and none else. The original membership list which is in the custody of the respondents shall be handed over to the Special Officer sufficiently in advance. The Special Officer shall independently assess as to whether any member has casted his vote contrary to Rules 2 & 3 of the Guidelines issued by the Election Commission. 9. The Special Officer, however, shall convene a meeting of the parties before counting takes place. Needless to mention, the Special Officer shall be in-charge of the entire process. The Special Officer shall file the report in a sealed cover on the adjourned date. The Special Officer shall be entitled to an initial remuneration of 4000 GMs to be paid by the petitioner at the first instance. Till this matter is taken up next for consideration the notice dated 6th August, 2018 shall remain stayed and the existing committee shall continue to discharge its function. The committee, however, shall not take any major decision without the leave of this Court. This, however, shall not prevent the existing committee to meet any statutory obligations and discharge any statutory liability. 10. The matter is made returnable three weeks hence.