Biswanath Somadder, J. - (1.) The applicants in CAN 11035 of 2016 seek leave to appeal against the order dated 6th October, 2016, passed by the learned Single Judge, in WP 24497 (W) of 2016.
(2.) It appears from the records that the writ petition which was filed by Lina Ganguly & Ors., was in respect of certain issues arising out of an election concerning Observance Co-operative Housing Society Ltd., where all the applicants herein are members. It is the admitted position that the applicants were not made parties to the writ proceeding where the following order was passed on 6th October, 2016. "Let the affidavit of service filed in Court today be kept with the record. The petitioners are directed to amend the cause title of the writ petition by incorporating the West Bengal Co-operative Election Commission as a respondent to the writ petition and to correct the description of the respondent No.6 and to serve a copy of the writ petition upon Mr. Nayek, the learned advocate for the Co-operative Election Commission. Heard the learned advocates for the respective parties. This writ petition should be decided on affidavits. Let affidavits-in-opposition to the writ petition be filed within four weeks from date. Let affidavits-in-reply thereto, if any, be filed within two weeks thereafter. Let this matter appear for hearing in the combined monthly list of December, 2016 within the first 25 matters under that heading. After hearing the learned advocates for the respective parties and after going through the writ petition, I am of the view that the petitioners have been able to make out a prima facie case for the grant of an interim order. The balance of convenience and in convenience also lies in favour of passing an interim order inasmuch as refusal to pass an interim order shall affect the petitioners more than the grant of it is likely to prejudice the respondents. As such, there shall be an interim order in terms of prayer (f) to the writ petition till December 6, 2016 or until further order whichever is earlier. The petitioners are further directed to communicate the gist of this order to all the respondents except those who are represented by their learned advocates in Court today, positively within a week's time."
(3.) The applicants have also taken out an application for stay of the order, being CAN 11046 of 2016 and the grounds for seeking to prefer the appeal have been spelt out in MAT 1946 of 2016.;