RAJIB LOCHAN JANA & ANR Vs. SUBHENDU BHARATI & ORS
LAWS(CAL)-2019-2-83
HIGH COURT OF CALCUTTA
Decided on February 25,2019

Rajib Lochan Jana And Anr Appellant
VERSUS
Subhendu Bharati And Ors Respondents

JUDGEMENT

Biswanath Somadder, J. - (1.) By consent of the parties, the appeal is treated as on day's list and taken up for consideration along with the application for stay.
(2.) The instant appeal arises out of a judgment and order dated 10th October, 2018, passed by a learned Single Judge in WP 20541 (W) of 2018 (Subhendu Bharati & Ors. vs. The State of West Bengal & Ors).
(3.) By the said judgment and order, the learned Single Judge was pleased to dispose of the writ petition in the following manner:- "In such circumstances, induction of members by the nominated Board is ex facie illegal and is liable to be set aside. The said members inducted by the nominated board shall not be entitled to participate in the election and shall be removed from the Voter List published by the Election Commission. However, it is clarified that once the election is completed, in accordance with law, and a lawful Board takes over the Management of the Society, the newly elected Board shall consider the induction of its 800 members in accordance with 2006 Act. With the above observations, W.P. 20541 (W) of 2018 stands disposed of.";


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