A.M.Bhattacharjee, J. - (1.) I have considered, and agree with, the judgement and order of brother Ray. A. N . Ray . J. - The appeal is directed against Justice Suhas Chandra Sen's Judgement and Order dated 7th May, 1991, which was passed on a remand order of the Supreme Court, dated 10th January, 1990 in the following terms : " Leave granted, Counsel heard. Although the suit was filed with leave obtained under Order I, rule 8 C.P.C., no advertisement has been given until now and the impugned order of the Division Bench of the High Court was passed several months after the suit was filed during which there was ample opportunity to give advertisement. In those circumstances, we set aside the impugned order and direct the High Court to decide the matter afresh after giving an opportunity of hearing to all parties who are likely to be affected. Necessary steps for advertisement shall be taken by the plaintiffs in the suit, who are the respondents before us, of the filing of the suit as well as hearing of the application by advertisement published in daily newspaper "Statesman" and "Ananda Bazar Patrika" within ten days from today.
(2.) There shall be an interim stay of holding of the elections. There shall be an interim order that the Circle Committee functioning before June 4, 1989 shall function as Ad hoc Committee subject to the restrictions imposed by the orders dated 29th June, 1989 and 28th September, 1989, the Ad hoc Committee shall not spend more than Rupees twenty five thousand per month and the Ad hoc Committee shall cease to function as soon as the new Circle Committee is duly elected. The appeal is disposed of accordingly. There shall be no order as to costs.
(3.) Though counsel for the appellants and the supporting respondents, that is Mr. P. C. Sen, Mr. S. B. Mookerjee, Mr. S. Pal, Mr. Anindya Mitra and Miss Chatterjee (in the order they addressed us) had some difficulty in understanding the exact effect of the Supreme Court Order. I was not much able to appreciate those difficulties. Clearly the elections of 4th June, 1989 had been set aside, due elections in their place were to be held, and those were to be held subject to the Order to be passed by the High Court on remand, after advertisements, on a fresh consideration of the matter, in the interim period the committee prior to the invalidated elections would function with indicated restrictions ; the terms of remand are unrestricted, and theoretically, the High Court could, on a fresh consideration, even hold the 4th June elections to be valid if that appeared to be just, legal and reasonable on hearing the appearing parties after advertisement.;