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SABYASACHI BHATTACHARYYA
Subhra Nandy – Appellant
Versus
Returning Officer, West Bengal Dental Council – Respondent
JUDGMENT :
Sabyasachi Bhattacharyya, J.
1. The petitioner in WPA No. 27846 of 2023 claims to be the President of the West Bengal Dental Council, whereas the petitioner in WPA No. 27672 of 2023, a member of the said Council. The challenge in both the writ petitions being common, those are heard together and being decided by a common judgment and order. For the sake of convenience, the petitioner in WPA No. 27846 of 2023 shall be referred to as “the petitioner” hereinafter.
2. The challenge in both the writ petitions is primarily two-fold. The petitioner, claiming to be the President of the West Bengal Dental Council, argues that the Registrar, acting as Returning Officer, has no power to alter the election schedule for the Council, once published, under the Dentists Act, 1948 (hereinafter referred to as, “the 1948 Act”) and/or the West Bengal Dentists Rules, 1950 (in brief, “the 1950 Rules”). Thus, it is argued that the decision of the respondent no. 1-Returning Officer to extend the dates from the stage of dispatch of ballot papers onwards is bad in law. The last date for such dispatch, according to the schedule of elections published by the Returning Officer on June 14, 2022 in th
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