Rekha Patra vs Sk. Nurul Islam - 2025 Supreme(Cal) 564

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2025 Supreme(Cal) 564

IN THE HIGH COURT AT CALCUTTA
KRISHNA RAO
Rekha Patra – Appellant
Versus
Sk. Nurul Islam – Respondent

Advocates Appeared:
For the Petitioner: Mr. Billwadal Bhattacharyya, Sr. Adv., Ms. Rashmi Bothra, Adv., Mr. Anish Kumar Mukherjee, Adv., Mr. Suryaneel Das, Adv., Mr. Aditya Mondal, Adv., Mr. Chiranjit Pal, Adv., Mr. Tamaghna Pramanick, Adv., Mr. Anish Gupta, Adv.
For the Respondents: Mr. Soumya Majumdar, Sr. Adv., Mr. Anuran Samanta, Adv., Mr. Saikat Banerjee, Sr. Adv., Ms. Sonal Sinha, Adv., Mr. Sandipan Das, Adv., Ms. Shabnam Farooqui, Adv., Mr. Shirsho Banerjee, Adv.

Table of Content
1. petitioner's request for election declaration. (Para 1 , 2 , 3)
2. legal status of parties in an election petition. (Para 4 , 5)
3. citing precedents on party inclusion in election petitions. (Para 6 , 10 , 11)
4. res-judicata and necessity of parties in election petitions. (Para 7 , 8 , 14)
5. criteria for election petitions and abatement rules. (Para 9 , 12 , 28)
6. court's directive regarding publication in the gazette. (Para 15 , 33)
7. nature of election disputes as statutory proceedings. (Para 30 , 31)

ORDER :.

Krishna Rao, J.

1. The petitioner has filed an Election Petition seeking declaration that the election of the returned candidate being the respondent no.1 from 18-Basirhat Parliamentary Constituency of the District North 24 Parganas in the House of the People is void and set aside, further declaration that the petitioner has been duly elected from the said Parliamentary Constituency.

2. In the Election Petition, the petitioner has made the Chief Election Commissioner and the Returning Officer as the respondent nos. 15 and 16 respectively. On receipt of the notice of the instant case, both the authorities have entered appearance in the case through their Learne