Abdul Ohab v. State Of West Bengal And ORS.

04.05.2023 Item Nos.14-15 gd/ssd MAT/411/2023 IA NO: CAN/1/2023, CAN/2/2023 WEST BENGAL PHARMACY COUNCIL AND ANR.

VS RUSHA PODDER AND ORS.

with WPA(P)/164/2023 ABDUL OHAB VS STATE OF WEST BENGAL AND ORS.

Mr. Kishore Datta, Mr. Avik Ghatak, Mr. Soham Banerjee, Mr. Parashar Baidya, Mr. Soham De Dhara ..for the Appellants in MAT 411 of 2023 and for the Respondent No.7 in WPA(P) 164 of 2023.

Mr. Tapan Kumar Mukherjee, Ms. Debdooti Dutta ..for the State in MAT 411 of 2023.

Ms. Amrita Panja Moulick ..for the State in WPA(P) 164 of 2023.

Mr. Aniruddha Chatterjee, Mr. Rahul Karmakar, Ms. Gargi Goswami, ..for the Respondent in MAT 411 of 2023.

Mr. Ananta Shaw, Mr. Falguni Bandyopadhyay, Ms. Sreetama Neogi, Ms. Riya Ballav ..for the Applicants in CAN 2 of 2023 of MAT 411 of 2023 and for the petitioner in WPA(P) 164 of 2023.

Re: MAT 411 of 2023

1. Heard learned advocates for either of the parties.

2. Hearing is concluded and judgment is reserved.

Re: WPA(P) 164 of 2023

3. The writ petition has been filed as a public interest litigation to recall the election notice dated 14th September, 2022.

4. Admittedly, the elections are already over. That apart, there was a challenge by the set of candidates whose nominations were rejected by filing a writ petition before this Court in WPA 509 of 2023 which has been allowed by judgment dated 28th February, 2023 and as against the said judgment the West Bengal Pharmacy Council has preferred an appeal being MAT 411 of 2023 and the said appeal has been fully heard and judgment has been reserved. In the light of the same, at this juncture it would not be necessary to entertain this public interest litigation.

5. Accordingly, the writ petition stands disposed of leaving all the issues pointed out by the writ petitioner open for consideration as and when the need arises.

(T. S. SIVAGNANAM) ACTING CHIEF JUSTICE (HIRANMAY BHATTACHARYYA, J.)