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Calcutta High CourtRVW/256/2025dismissed

The Sabhapati Bishnupur I Panchayat Samity And ANR v. State Of West Bengal And ORS.

2025-09-08Hon'Ble Justice Rajasekhar Mantha,Hon'Ble Justice Ajay Kumar Gupta3 pages

08.09.2025.

Court No.13 Item No. 3 ap R.V.W. No. 256 of 2025 With I.A. No. CAN 1 of 2025 The Sabhapati, Bishnupur-I Panchayat Samity & Anr.

Versus

The State of West Bengal & Ors.

Mr. Radhamohan Ray, Mr. Suchandra Dey.

...For the review applicants.

Mr. Samim Ahammed, Mr. Rajesh Naskar, Ms. Gulsanwara Pervin, Mr. Jannat Ul Firdous.

...For the respondent nos.8 to 14.

Mr. Srijan Nayak, Mrs. Rituparna Maitra.

...For the respondent no.4.

1.

Review application has been filed by the Prodhan, Amgachia Gram Panchayat and Sabhapati, Bishnupur-I Panchayat Samity. They seek review of the order dated 8th August, 2025. The above review applicants claimed to espouse the cause of 26 applicants mentioned in paragraph 8 of CAN 1 of 2025 claiming that their names have not been included in the list of voters for election of the SKUS, directed to be held by the learned Single Judge of this Court and this Court's order dated 8th August, 2025.

2.

This Court is surprised to note that such prayer was not made either before the learned Single Judge of this Court or before the Division Bench of this Court. 3.

The aggrieved persons are themselves not before this Court instead they have chosen a political person being the Prodhan, Amgachia Gram Panchayat and

Sabhapati, Bishnupur-I Panchayat Samity to represent them to include their names in the voter's list.

4.

In essence, Sabhapati, Bishnupur-I Panchayat Samity wanted the election process to be stalled. 5.

This Court is of the view that under the garb of a review application, a fresh cause of action is sought to be raked up by a busy body, who is nowhere connected in the SKUS.

Even the alleged representation before the Election Commission as regards non-inclusion of their names in the above voter's list has not been annexed in the review proceedings.

6.

The order of the learned Single Judge has also not been included in the review proceedings.

7.

In that view of the matter, this Court is of the clear and unequivocal view that R.V.W. 256 of 2025 is in gross abuse of process of law. Even CAN 1 of 2025 from the presentation form appears to have been filed under a disposed of Mandamus Appeal.

8.

In those circumstances, R.V.W. 256 of 2025 must fail and is hereby dismissed with costs assessed at Rs.5,000/- (Rupees five thousand only) payable by each of the review applicants to the Co-operative Election Commission within a period of one week from date.

9.

In view of dismissal of the review itself, the connected application being CAN 1 of 2025 shall also stand dismissed.

10.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.) (Ajay Kumar Gupta, J.)