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2017 Supreme(Cal) 660

BISWANATH SOMADDER, SANKAR ACHARYYA
SECRETARY, WEST BENGAL CO-OPERATIVE ELECTION COMMISSION – Appellant
Versus
COMMISSIONER, WEST BENGAL CO-OPERATIVE ELECTION COMMISSION – Respondent


Advocates Appeared:
For the Appellant :Mr. L.K. Gupta, Sr. Advocate, Mr. N.C. Bihani and Mr. Santanu Chatterjee, Advocates
For the Respondent:Mr. Dhiman Kr. Sengupta and Mr. Rajdeep Bhattacharya, Mr. N.L. Singhania, Advocate

JUDGMENT :

Biswanath Somadder, J.

Let the affidavit of service filed in Court today be taken on record.

2. By consent of the parties, the appeal is treated as on day's list and taken up for consideration along with the application for stay.

3. The appeal arises out of a judgment and order dated 1st March, 2017, passed by the learned Single Judge in WP 4947 (W) of 2017 (Arun Kumar Dutta & Ors. v. The Principal Secretary & Ors.) with WP 3523 (W) of 2016 (Subhasish Bandyopadhyay & Ors. v. The Co-operative Election Commission & Ors.)

4. The appellant before us is the Secretary, West Bengal Co-operative Election Commission.

5. Essentially, the Election Commission is aggrieved by the decision rendered by the learned Single Judge whereby a notice dated 7th February, 2017, issued by the Assistant Returning Officer, shifting the venue of holding election of the concerned co-operative society from the factory premises to an educational institution, namely Dumdum Kumar Ashutosh Institution (Main) for Boys, was set aside on the ground that the Assistant Returning Officer did not assign any reason as to why the venue was required to be shifted.

6. From the grounds set out in the Memorandum of Appeal,























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