Biswanath Somadder, J. - (1.) This review has been preferred in respect of a judgment and order dated 25th February, 2019, passed by this Court in CAN 562 of 2019 in MAT 71 of 2019 (Binay Adhikari & Anr. vs. The State of West Bengal & Ors.).
(2.) The cause title of the review reveals that it has been preferred by the private respondents in the appeal, namely, Majibar Rahaman Mia and seven others. The records reveal that the judgment and order dated 25th February, 2019, was rendered in the presence of all the parties. By the said judgment and order the appeal along with the connected application was disposed of in the following manner:- "This being the admitted position and taking into consideration the facts and circumstances of the instant case, we are of the view that the concerned Prescribed Authority should issue fresh show cause notices against the private respondents nos. 8 to 15 in terms of section 11(1)(f) of the West Bengal Panchayat Act, 1973 and proceed further in the matter strictly in accordance with law. If the election of the Pradhan or Upa-Pradhan of the concerned Gram Panchayat has been held in the meanwhile upon taking into account the votes of the private respondent nos. 8 to 15, such election cannot be considered valid in the eye of law till the proceedings under section 11(1)(f) of the West Bengal Panchayat Act are concluded by the Prescribed Authority. The appeal and the application for stay stand disposed of accordingly."
(3.) According to the review applicants while disposing of the appeal this Court did not take into consideration as to whether quorum under Rule 3(1) of the West Bengal Panchayat (Constitution) Rules 1975, was formed along with the guidelines dated 9th August, 2018 and if formed, whether there was an open quorum or a quorum behind closed doors. The review applicants have contended that the order passed by this Court on 25th February, 2019, was based on a report which states, inter alia, that show cause notices to eight (8) elected members of Kurshamari Gram Panchayat under Mathabhanga-I Development Block, were issued under section 11(1)(f) of the West Bengal Panchayat Act, 1973. According to the review-applicants the Block Development Officer, Mathabhanga-I Development Block, by a letter dated 12th February, 2019, issued to the Executive Assistant of Khursamari Gram Panchayat had directed the said Executive Assistant to hand over charge as per the first meeting of Khursamari Gram Panchayat, held on 4th February, 2019. This very document and the joint notices of the meeting of taking oath by the elected members of the panchayat issued by the Prescribed Authority and Block Development Officer dated 22nd January, 2019, fixing the date of meeting on 4th February, 2019 at the Gram Panchayat office had never been brought on record by the State respondents while filing report in the form of an affidavit before this Court on 25th February, 2019.;