JUDGMENT

Sabyasachi Bhattacharyya, J. - W.P.a. No.14296 of 2021 has been filed against an order of the Secretary, Co-operative Election Commission, West Bengal (hereinafter referred to as 'the CEC') dated august 17, 2021 (communicated on august 27, 2021) in Election Dispute No. 01/CEC of 2021, whereby the Returning Officer of the petitioner no. 1-co-operative society was directed to initiate the election process de novo, thereby rendering the erstwhile Board of Directors, of which the petitioner no. 2 was the Secretary, defunct.

2. Learned counsel for the petitioners argues that the impugned decision was passed in an election dispute raised by respondent no. 6, a previous member of the petitioner no. 1-society who had been expelled on charges of misappropriation of funds. It is submitted that a criminal case is also pending against the said respondent on allied charges. Hence, ex facie, the charges were levelled as a backlash, to malign the petitioner no. 2 and the erstwhile Board, which had been instrumental in unearthing the defalcations of the respondent no. 6.

3. Secondly, it is submitted, the impugned decision contains no legally tenable reason for superseding a validly elected B