JUDGMENT :

Sabyasachi Bhattacharyya, J.

1. The appeal appears before this Court on reference for resolution of a difference of opinion between the two Hon’ble Judges of the Division Bench which decided the appeal. By the Order dated February 7, 2024, two points of reference were formulated as follows:

i. Whether the challenge to an improper rejection of nomination in connection with an election process can be the subject-matter of challenge in a writ petition;

ii. Whether the writ court can embark upon an enquiry into the reasons for rejection of nomination papers as in the present case, as the objection does not fall within the parameters of Rule 5(1).

2. The appeal arises from an Order passed by the learned Single Judge in WPA No. 509 of 2023 whereby the learned Single Judge upheld the challenge to the refusal to entertain the writ petitioners’ objection to the cancellation of their nominations by the appellant no. 2, the Registrar of the West Bengal Pharmacy Council (for short, “the Council”). While allowing the writ petition, the learned Single judge was pleased to direct the Registrar of the Council, that is, appellant no. 2 herein to reconsider the nominations filed by the four w