Dr. Swapan Kumar Bose And ANR. v. State Of West Bengal And ORS

OD-4 ORDER SHEET RVWO/43/2024 In WPO/961/2024 IA NO: GA/1/2024

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE DR. SWAPAN KUMAR BOSE AND ANR.

Vs STATE OF WEST BENGAL AND ORS.

BEFORE:

The Hon'ble JUSTICE KAUSIK CHANDA Date : 16th April, 2025 Appearance:

Mr. Yashraj Roy, Adv.

Ms. Payel Shome, Adv.

...for petitioners Ms. Sonal Sinha, Adv.

Ms. Shabnam Farooqui, Adv.

...for respondents Mr. Srijan Nayak, Adv.

Ms. Rituparna Maitra, Adv.

...for Co-operative Election Commission Mr. Debashis Banerjee, Adv.

Mr. Subrata Saha, Adv.

Mr. Abhik Biswas, Adv.

Mr. Rakesh Jana, Adv.

...for the respondent nos.5,6 & 8 The Court: The petitioners seek review of the order dated September 27, 2024 passed by this Court.

Learned Advocate appearing for the review applicants submits that the writ petitioners were not expelled members. The expulsion order passed by

the Board of Directors was not accepted by the concerned Registrar of Cooperative Society. He places reliance upon paragraphs 89 and 90 of the judgment of Supreme Court reported at (2005) 4 SCC 741 (Board of Control for Cricket in India and Anr. vs. Netaji Cricket Club and Ors.) to maintain this review application.

It must be noticed that the order dated September 27, 2024 is an interim order and the Court only came to a prima facie finding with regard to the expulsion of the petitioners.

Direction for affidavits were given for arriving at a final finding. It is submitted by the learned Advocate appearing for the Election Commission that the election was held on 29th September, 2024. At this juncture, there is no scope to recall the interim order dated September 27, 2024 to grant any relief to the petitioners in this review application.

In that view of the matter, I am not inclined to entertain this review petition.

Accordingly, RVWO/43/2024 and GA/1/2024 are dismissed. (KAUSIK CHANDA, J.) sg.