Narendra Nath Tiwari vs State Of West Bengal & Others
2022 Latest Caselaw 6970 Cal

26.09.2022
Item No.2.
Court No.6.
   AB
                                  F.M.A. 496 of 2021
                                         With
                                   IA CAN 1 of 2022

                               Narendra Nath Tiwari
                                         Vs
                           State of West Bengal & Others

                      Mr. Sayan Chattopadhyay,
                      Mr. Santanu Majhi     ....for the Appellant.

                      Mr. Sirsanya Bandopadhyay,
                      Mr. A. K. Nag          .....for the State.

                      Affidavit of Service filed in Court today be kept

              with the records.

                      By consent of the parties, the appeal and the

              application are taken up for hearing together.

                      This appeal is directed against a Judgment and

              Order     dated   February   28,   2020,   whereby   the

              appellant's writ petition being W. P. No.1775 (W) of

              2020 was dismissed. The reasons for dismissal are

              indicated in an earlier order dated February 20, 2020,

              recorded by the learned Single Judge.

                      The appellant raised his grievance as regards

              reservation of seats in connection with the Municipal

              Election of 2015 for English Bazar Municipality. The

              appellant says that the seats that were required to be

              reserved for women for the said election were for Ward

              nos. 1, 4, 7, 10, 13, 16, 19, 22, 25 and 28 and not 2,

              5, 8, 11, 16, 19, 23, 26 and 29. He further raises a

              grievance regarding the census.
                              2




      It is not in dispute that the appellant was a

Councillor in Ward No.22 from 2015 to 2020. His own

case is that Ward No.22 should have been reserved for

women. Hence, he was a beneficiary and enjoyed the

fruits of illegality, if any. Having enjoyed his full tenure

as Councillor of a Ward, which according to him

should have been reserved for women, he suddenly

woke up and approached the learned Single Judge

pointing out various alleged irregularities in respect of

the   2015     Municipal    Election    and    the   Election

scheduled to be held in 2020, which was ultimately

held in 2022. The conduct of the appellant does not

indicate that this is a bona fide writ petition. We are in

agreement with the learned Single Judge that the

Court shall not consider alleged irregularities, of which

the appellant/writ petitioner was a beneficiary and

which have become stale.

      The appeal being F.M.A. 496 of 2021 and the

connected application being IA CAN 1 of 2022 are,

accordingly,    dismissed     with     costs   assessed    at

Rs.5,000/- to be paid to the West Bengal State Legal

Services Authority within four weeks from date.

      The Registry shall communicate this order to the

Member Secretary of the West Bengal State Legal

Services Authority, who shall be at liberty to mention

the matter before us, incase the appellant fails to pay

the costs within the time period indicated above.
                             3




      Since we have not called for affidavits, the

allegations in the application are deemed not to be

admitted by the respondents.

Urgent photostat certified copy of this order, if

applied for, be supplied expeditiously after compliance

with all the necessary formalities.

(Apurba Sinha Ray, J.) (Arijit Banerjee, J.)