PIYAR ALI SARKAR Vs. NAUSAD ALI

JUDGEMENT

(1.) The instant petition has been filed for review of the judgment and order dtd. 12/10/2023 passed in WP(C)/3053/2022. By the aforesaid judgment, the writ petition was allowed and the impugned communication dtd. 7/4/2022 relating to the formation of Durgamari VDP with the respondent no. 5 as the Secretary was set aside. It is the said respondent no. 5 who has filed the instant application for review.

(2.) For better appreciation of the issue involved, a brief narration of the facts would be convenient.

(3.) The opposite party no. 1 herein (Nausad Ali) had filed the aforesaid writ petition challenging the order dtd. 7/4/2022 constituting the Durgamari VDP with the respondent no. 5 as the Secretary. It was projected that the opposite party was the Secretary in the earlier tenure of 5 years from 2016 to 2022 and was a contender for the said post along with the present applicant. In the general meeting held on 27/2/2022 , it was resolved that though there were certain allegations against the writ petitioner, the same were found to be false and the meeting had ultimately left the decision to be taken by the OC and IC of the concerned police station and outpost, who were present in the meeting. The said two officers, after deliberation and considering the credibility of the two candidates had selected the writ petitioner as the Secretary of the said VDP and it was projected that the VDP was accordingly constituted with the petitioner as its Secretary. The grievance of the writ petitioner was however with regard to the communication dtd. 7/4/2022 issued by the Superintendent of Police, Bongaigaon wherein for the Durgamari VDP, the opposite party herein / respondent no. 5 was shown to be the Secretary.