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2023 Supreme(Cal) 1323

T. S. SIVAGNANAM, HIRANMAY BHATTACHARYYA
West Bengal Pharmacy Council – Appellant
Versus
Rusha Podder – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Kishore Datta, Advocate, Mr. Avik Ghatak, Advocate, Mr. Soham Banerjee, Advocate, Mr. Parashar Baidya, Advocate, Mr. Soham De Dhara, Advocate, Mr. Ananta Shaw, Advocate, Mr. Falguni Bandyopadhyay, Advocate, Ms. Sreetama Neogi, Advocate, Ms. Riya Ballav, Advocate
For the Respondent:Mr. Tapan Kumar Mukherjee, Advocate, Ms. Debdooti Dutta, Advocate, Mr. Aniruddha Chatterjee, Advocate, Mr. Rahul Karmakar, Advocate, Ms. Gargi Goswami, Advocate.

JUDGMENT :

T.S. SIVAGNANAM, J.

1. This intra court appeal has been filed by the West Bengal Pharmacy Council challenging the correctness of the order passed in WPA No. 509 of 2023 dated 28.02.2023 filed by the respondents 1 to 4 herein. The respondent writ petitioners had filed the writ petition praying for issuance of writ of mandamus to direct the appellants/authorities to forthwith grant a hearing of the objections raised by them vide email dated 01.01.2023; to issue a writ of prohibition to restrain the appellant from sending election papers to the electors on January 09, and January 10, 2023 and for issuance of a writ of certiorari to quash the notice dated December 20, 2022 by which the appellant council published the list of accepted/rejected candidates for the election to the West Bengal Pharmacy Council.

2. The Learned Single Bench by the impugned order held that the rejection of the nomination of the respondent writ petitioners was flawed and directed the appellant council to reconsider the nominations filed by the writ petitioners in accordance with Rule 5(1) of the Rul

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