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2023 Supreme(Cal) 1186

SABYASACHI BHATTACHARYYA
Malda District Central Cooperative Bank Employees Association – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioners: Mr. Arnab Saha, Mr. Abhimanyu Banerjee, Ms. Roshni Kalam.
For the Respondents: Ms. Sonal Sinha, Mr. Tarun Kumar Chatterjee, Mr. Sujit Gupta, Mr. Sayan Datta, Mr. Soumen Chatterjee, Mr. Amarendra Chakraborty.

JUDGMENT :

(Sabyasachi Bhattacharyya, J.) :

1. The petitioner no.1 is an association of the employees of the Malda District Central Cooperative Bank, a co-operative bank formed under the West Bengal Cooperative Societies Act, 2006 (hereinafter referred to as, “the 2006 Act”).

2. The members of the petitioner no.1-Association were deputed in polling stations for the Panchayat Elections which was concluded recently in West Bengal. As per Section 6 of the West Bengal State Election Commission Act, 1994 (for short, “the 1994 Act”) and the Panchayat Laws, as well as the Handbook for Returning Officers issued by the West Bengal State Election Commission, polling personnel for the Panchayat Elections were to be deployed from among employees of the Central and State Governments as well as local bodies and primary schools and colleges, working under the State Government.

3. The moot question which arises for consideration in the present case is whether the Malda District Central Cooperative Bank (in brief, “the Bank”) comes within the purview of Government-run institutions, which would bring its employees within the fold of Section 6 of the 1994 Act, for the purpose of deputation in polling

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