Dr. Swapan Kumar Bose And Ors vs State Of West Bengal And Ors
2025 Latest Caselaw 2131 Cal/2

Calcutta High Court

Dr. Swapan Kumar Bose And Ors vs State Of West Bengal And Ors on 16 April, 2025

Author: Kausik Chanda

Bench: Kausik Chanda

OD-5
                                ORDER SHEET

                                RVWO/44/2024
                                       In
                                 WPO/962/2024
                               IA NO: GA/1/2024

                     IN THE HIGH COURT AT CALCUTTA
                       Constitutional Writ Jurisdiction
                              ORIGINAL SIDE


                    DR. SWAPAN KUMAR BOSE AND ORS.
                                   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

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 Co-

operative Society. Learned Advocate for the review applicants further

submits that the petitioners have duly paid the maintenance charges and

there has been no default on their part.

He places reliance upon paragraphs 89 and 90 of the judgment of the

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 29 th 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/44/2024 and GA/1/2024 are dismissed.

(KAUSIK CHANDA, J.)

sg.