( 1 ) AFTER hearing the learned advocates for the parties and upon perusing the instant writ petition, it appears that an interesting question has arisen in the instant case.

( 2 ) IN terms of Section 42 (1) of the West bengal Primary Education Act, 1973 (hereinafter referred to as the 'said Act'), the term of office of a member of a Primary School council has been restricted to four years from the date of publication of his name in the official Gazette under Section 41 of the said act. Section 42 also provides for a member to be re-elected, re-nominated or re-appointed, upon expiration of the four year term. Section 42 (1) reads as under :-

"subject to the provisions of this Act, every elected, nominated or appointed member of a Primary School Council shall hold office for a term of four years from the date of publication of his name in the Official gazette under Section 41 and may on expiration of such term be re-elected, re-nominated or re-appointed. "

( 3 ) SUB-SECTION (2) of Section 42 of the said Act has, however, been introduced by an Amendment Act of the year 2004, which reads as follows :-

"a Primary Council shall, notwithstanding the expiration of its term, continue to hold

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