Review petition barred after merits decision on vacancy finality and lack of locus standi

A review of a release order was held not maintainable after the respondent's revision had already been dismissed on merits and the vacancy declaration had attained finality. The Court noted that the earlier revision order did not rest on a technical dismissal alone; it also affirmed that the vacancy had become final, the respondent lacked locus standi, and the release order suffered from no illegality or infirmity. Once that order had been upheld on merits, a review against the same order could not be pursued. The impugned order and the revisional order were set aside, and the review petition was dismissed.

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Issues: Whether a review of the release order was maintainable after the respondent's revision against that order had been dismissed on merits and the vacancy declaration had attained finality.

Analysis: The vacancy declared under Section 16(1)(b) had already become final, and the respondent's challenge to it had failed. The revision against the release order was not merely rejected on a technical ground; the operative order also recorded that the vacancy had become final, the respondent lacked locus standi, and the release order suffered from no illegality or infirmity. Once the higher forum had affirmed the order on merits, a review of that same order could not be pursued.

Conclusion: The review was not maintainable and was liable to be dismissed. The impugned order and the order in revision were set aside, and the review petition stood dismissed.

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