JUDGMENT : Biswanath Somadder, J. Let the affidavit of service filed in Court today be taken on record. 2. 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. 3. The appeal arises out of a judgment and order dated 1st March, 2017, passed by the learned Single Judge in WP 4947 (W) of 2017 (Arun Kumar Dutta & Ors. v. The Principal Secretary & Ors.) with WP 3523 (W) of 2016 (Subhasish Bandyopadhyay & Ors. v. The Co-operative Election Commission & Ors.) 4. The appellant before us is the Secretary, West Bengal Co-operative Election Commission. 5. Essentially, the Election Commission is aggrieved by the decision rendered by the learned Single Judge whereby a notice dated 7th February, 2017, issued by the Assistant Returning Officer, shifting the venue of holding election of the concerned co-operative society from the factory premises to an educational institution, namely Dumdum Kumar Ashutosh Institution (Main) for Boys, was set aside on the ground that the Assistant Returning Officer did not assign any reason as to why the venue was required to be shifted. 6. From the grounds set out in the Memorandum of Appeal, it appears that change of venue from inside the factory premises to a place outside was only for the purpose of securing neutrality and fairness of election of the cooperative society concerned. From the judgment and order impugned, however, it appears that on behalf of the writ petitioners it was contended that it was the "custom and convention" of the factory that election of the cooperative society would be held at the factory premises. It was submitted on behalf of the petitioners before the learned Single Judge that since 1921, election of the co-operative society had been held in the factory premises. The Court, upon considering the respective contentions of the parties, expressed surprise as to how and in which manner, the Assistant Returning Officer decided to change the existing venue from the factory premises to the educational institution without assigning any reason. 7. Question that falls for consideration, therefore, is whether reasons had to be mandatorily assigned by the Assistant Returning Officer for shifting of the venue for holding elections of the concerned co-operative society. 8. 7. Question that falls for consideration, therefore, is whether reasons had to be mandatorily assigned by the Assistant Returning Officer for shifting of the venue for holding elections of the concerned co-operative society. 8. In order to find an answer to the above question, it is necessary, at first, to advert to Article 243-ZK of the Constitution of India. Relevant here is clause (2) of Article 243-ZK, which reads as follows:- "(2) The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to a co-operative society shall vest in such an authority or body, as may be provided by the Legislature of a State, by law: Provided that the Legislature of a State may, by law, provide for the procedure and guidelines for the conduct of such elections." 9. A plain reading of the above reveals that not only superintendence, direction and control of the preparation of the electoral rolls, but the "conduct" of all elections to a co-operative society vests in such an authority or body as may be provided by the legislature of a State, by law. It also provides for the legislature of a State to enact laws to provide for the procedure and guidelines for the "conduct" of such elections. 10. Section 96 of the West Bengal Co-operative Societies Act, 2006 relates to constitution of a Co-operative Election Commission. It also provides for the legislature of a State to enact laws to provide for the procedure and guidelines for the "conduct" of such elections. 10. Section 96 of the West Bengal Co-operative Societies Act, 2006 relates to constitution of a Co-operative Election Commission. The same language, as used in Article 243-ZK of the Constitution of India, has been borrowed by the State legislature with regard to constitution of Co-operative Election Commission, as will appear from sub-section (1) of section 96 of the West Bengal Co-operative Societies Act, 2006, which reads as follows:- "(1) The State Government shall constitute a Co-operative Election Commission (hereinafter referred to as the Election Commission) and shall appoint a person to be the Co-operative Election Commissioner of the Election Commission for the [superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to a registered Co-operative Society] in West Bengal." Sub-section (8) of section 96 provides for rules, regulations and procedures for Co-operative Election Commission and reads as follows:- "(8) Subject to the provisions of this Act, the Co-operative Election Commission shall make rules, regulations and procedure providing for - (a) the conduct of election; (b) the preparation of electoral roll for the election; (c) fixing the date, place and manner of election; (d) fixing the date and manner of publication and declaration of the results of the election; (e) fixing the cost of holding of election of a co-operative society and the manner of assessing and realization of such cost; (f) symbols that may be used for election by the candidates." Clause (a) of the sub-section, as quoted above, relates to "conduct" of election whereas clause (c) deals with fixing date, "place" and manner of election. 11. In terms of a notification dated 13th April, 2012, which was issued in exercise of power conferred by sub-section (8) of section 96 of the West Bengal Co-operative Societies Act, 2006, regulations were framed, called the West Bengal Co-operative Election Commission Regulations, 2012. Regulation (3) of the said Regulations of 2012 specifically deals with functions of the Returning Officers. Clause iv under Regulation (3) empowers the Returning Officer at any election to do certain acts and things as may be necessary for effectually "conducting" the election in the manner provided by the West Bengal Cooperative Societies Rules, 2011 and the said Regulations of 2012. Clause iv under Regulation (3) empowers the Returning Officer at any election to do certain acts and things as may be necessary for effectually "conducting" the election in the manner provided by the West Bengal Cooperative Societies Rules, 2011 and the said Regulations of 2012. Clause iv(a) under Regulation (3) of the said Regulations of 2012 allows the Returning Officer to "make arrangement for polling station(s)". 12. From the law as quoted above, it is palpably evident that for the purpose of "conduct" of all elections to a registered co-operative society in West Bengal, superintendence, direction and control vests squarely with the Cooperative Election Commission and its functionaries, which include, inter alia, Returning Officers and Assistant Returning Officers. None of the provisions of law, as discussed above, provide for assigning of reason, in the event the Cooperative Election Commission or its functionaries decides to change the venue where the co-operative election is to be held. In fact, the constitutional provision of Article 243-ZK read with section 96 of the West Bengal Cooperative Societies Act, 2006, clearly empowers the Co-operative Election Commission not only with superintendence, direction and control of the preparation of electoral rolls but also for "conduct" of all elections to a registered co-operative society in West Bengal. The word "conduct" includes, inter alia, preparation of electoral roll for the election, fixing the date, "place" and manner of election and also, likewise, for fixing the date and manner of publication and declaration of results of the election and also for fixing of costs of holding the election, manner of assessing and realisation of such costs and symbols that may be used for election by the candidates. In this context, one can take notice of the various provisions under sub-section (8) of section 96 of the West Bengal Co-operative Societies Act, 2006, as quoted above. 13. Considering the scheme of law as applicable and in the facts of the instant case as discussed above, we have no hesitation in holding that it was the Assistant Returning Officer's sole prerogative to decide whether the venue for holding of the elections of the concerned co-operative society was required to be shifted from the factory premises to an educational institution while issuing the notice dated 7th February, 2017. The Assistant Returning Officer was under no obligation to assign any reason, since the same is not mandated anywhere under the laws as applicable. The Assistant Returning Officer was under no obligation to assign any reason, since the same is not mandated anywhere under the laws as applicable. Rather, it may be observed that shifting of the venue was done only for the purpose of ensuring neutrality and fairness during the election process since neither the Assistant Returning Officer nor the Election Commission-constituted under section 96 of the West Bengal Co-operative Societies Act, 2006 - can be said to be interested persons other than for the purpose of ensuring free, fair and peaceful elections of the co-operative societies. 14. For reasons stated above, the impugned judgment and order dated 1st March, 2017, passed by the learned Single Judge in WP 4947 (W) of 2017 with WP 3523 (W) of 2016, is liable to be set aside and is accordingly set aside. 15. We direct the West Bengal Co-operative Election Commission to forthwith issue a fresh notice to ensure holding of election of the concerned co-operative society at the earliest, preferably within a period of three weeks, but not later than four weeks from this date. 16. The appeal along with the application for stay stands accordingly disposed of. 17. Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties. Biswanath Somadder and Sankar Acharyya, JJ. - I agree.