JYOTIRMAY BHATTACHARYA, DEBI PROSAD DEY
Subhankar Kundu – Appellant
Versus
Municipal Returning Officer – Respondent
Jyotirmay Bhattacharya, J.
This first miscellaneous appeal arises out of an order being No. 4 dated 8th May, 2015 passed by the learned District Judge, Nadia at Krishnagar in Misc. (Election) Case No. 17 of 2015 whereby the appellant's election petition was dismissed by the learned District Judge while considering the appellant's application for interim injunction filed under Section 151 of the Code of Civil Procedure in connection with the said election petition. As a matter of fact, not only the appellant's application for interim injunction was rejected, but the main election petition was also dismissed by the impugned order.
2. The legality and/or propriety of the said order is under challenge in this first miscellaneous appeal at the instance of the appellant who was the petitioner before the learned District Judge.
3. At the time of hearing of the first miscellaneous appeal for its admission, a question has cropped up as to whether such an order is assailable in appeal before this Hon'ble Court or is assailable in the revisional jurisdiction of this Court. Such question was raised in the context of the provisions contained in Sections 74, 75 and 76 of the West Bengal M
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