The authority to decide on the venue for holding elections of a co-operative society rests with the Co-operative Election Commission, and there is no obligation to assign a reason for the venue shift.

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, it appears that change of venue from inside the factory premises to a place outside was only for the purpose of securing neutrality and fairness of election of the cooperative society concerned. From the judgment and order impugned, however, it appears that on behalf of the writ petitioners it was contended that it was the "custom and convention" of the factory that election of the cooperative society would be held at the factory premises. It was submitted on behalf of the petitioners before the learned Single Judge that since 1921, election of the co-operative society had been held in the factory premises. The Court, upon considering the respective contentions of the parties, expressed surprise as to how and in which manner, the Assistant Returning Officer decided to change the existing venue from the factory premises to the educational institution without assigning any reason.

7. Question that falls for consideration, therefore, is whether reasons had to be mandatorily assigned by the Assistant Returning Officer for shifting of the venue for holding elections of the concerned co-operative society.

8. In order to find an answer to the above question, it is necessary, at first, to advert to Article 243-ZK of the Constitution of India. Relevant here is clause (2) of Article 243-ZK, which reads as follows:-

"(2) The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to a co-operative society shall vest in such an authority or body, as may be provided by the Legislature of a State, by law: Provided that the Legislature of a State may, by law, provide for the procedure and guidelines for the conduct of such elections."

9. A plain reading of the above reveals that not only superintendence, direction and control of the preparation of the electoral rolls, but the "conduct" of all elections to a co-operative society vests in such an authority or body as may be provided by the legislature of a State, by law. It also provides for the legislature of a State to enact laws to provide for the procedure and guidelines for the "conduct" of such elections.

10. Section 96 of the West Bengal Co-operative Societies Act, 2006 relates to constitution of a Co-operative Election Commission. The same language, as used in Article 243-ZK of the Constitution of India, has been borrowed by the State legislature with regard to constitution of Co-operative Election Commission, as will appear from sub-section (1) of section 96 of the West Bengal Co-operative Societies Act, 2006, which reads as follows:-

"(1) The State Government shall constitute a Co-operative Election Commission (hereinafter referred to as the Election Commission) and shall appoint a person to be the Co-operative Election Commissioner of the Election Commi