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SABYASACHI BHATTACHARYYA
Malda District Central Cooperative Bank Employees Association – Appellant
Versus
Election Commission of India – Respondent
JUDGMENT :
(Sabyasachi Bhattacharyya, J.) :
1. The petitioner no. 1 is an association of employees of a District Cooperative Bank, representing the interests of such employees, and the petitioner no. 2, its Secretary. The present challenge has been preferred against the appointment of the members of the Association, who are employees of the Co-operative bank, as Polling Officers to do election duty for the ongoing parliamentary election under Section 26 of the Representation of the People Act, 1951 (for short, “the R.P. Act”).
2. Learned counsel for the petitioner argues that the bank has been registered under the West Bengal Cooperative Societies Act, 2006 (hereinafter referred to as “the 2006 Act”).
3. However, it does not come within the purview of Section 159(2) of the R.P. Act which stipulates that the staff of local authorities and universities established or incorporated by under a Central, Provincial or State Act, and/or a Government Company, employees of any other institution, concern or undertaking which is established by or under a Central, Provincial or State Act or which is controlled or financed only or substantially by funds provided directly or indirectly by the Ce
Cooperative societies are democratic institutions owned, managed and controlled by members for their economic and social betterment, operating their business based on mutual aid and cooperative princ....
Cooperative banks must ensure recruitment processes safeguard public interest through transparency and integrity by using independent agencies.
The main legal point established in the judgment is the violation of the petitioner's fundamental right to participate in the election process due to the inconsistency between Bye-law 24(viii) and Se....
The court established the authority of the District Election Officer to seek services for Panchayat Elections under the Representation of People's Act and the Panchayat Raj Act.
The preparation of electoral roll under Rule 13-D(2-A) is an integral part of the election process, and the writ petition to challenge the electoral roll on the ground of non-compliance with Rule 13-....
The amendment allowing nomination of women to co-operative committees is constitutional, reinforcing women's participation while affirming that election is not the exclusive method for committee form....
The main legal point established in the judgment is that the State Co-operative Election Authority (SCEA) has the jurisdiction to issue directives for the preparation of electoral rolls and conduct o....
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