21.04.2026 Court No. 12 Item No. 01 Sandip/gc/CP IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION APPELLATE SIDE M.A.T. 719 of 2026 IA No : CAN 1 of 2026 CAN 2 of 2026 The Election Commission of India & Ors.

-Versus-

Rupa Banerjee Nee Samjpati Mr. Jishnu Chowdhury, Sr. Adv., Ms. Anamika Pandey, Ms. Sanskriti Agarwal, Ms. Rishika Pandey, Mr. Ghanshyam Pandey …for the Appellants.

Mr. Biswaroop Bhattacharyya, Mr. Arkaprava Sen, Mr. Sayantan Kar, Ms. Deboleena Mukherjee …..for the applicant in CAN 2 of 2026 Mr. Abhratosh Majumder, Sr. Adv., Mr. Subhasis Chakraborty, Mr. Aditya Mondal, Mr. S. Chakraborty, Ms. Sushmita Singh ….for the Respondents.

1. The appeal has been filed by the Election Commission of India, the Chief Election Commissioner and the Chief Electoral Officer, West Bengal, being aggrieved by a judgment and order dated April 17, 2026 passed in W.P.A. 9020 of 2026.

2. By the order impugned the learned Court disposed of the writ petition, inter alia, holding that the Election Commission of India was free to pass an order for appointing the writ petitioners as per their rank, salary and in conformity with the Circular dated 16/17th February, 2010.

3. It is important to n