TULSI MALAKAR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Petitioners have challenged an order dated 17th December 2019 as Annexure - 4 which, if one goes simply by the operative portion, amounts to removal of the petitioner No.2 as an Upa-Pradhan of Santir Bazar Gram Panchayat. However, if one reads the entire order, the purport of the order is to remove the petitioners No.1 and 2 from the position of Pradhan and Upa- Pradhan respectively of the said Gram Panchayat. We do not find any separate order specifically removing the petitioner No.1 as a Pradhan of the Gram Panchayat. However, it is an admitted position that respondents No.7 and 8 have been inducted as Pradhan and Upa-Pradhan of the said Gram Panchayat on the seats vacated by the petitioners. We, therefore, proceed on the basis that the impugned order at Annexure - 4 dated 17th December, 2019 is one by which the petitioners No.1 and 2 were removed as Pradhan and Upa-Pradhan of the Gram Panchayat.

(2.) This challenge arises in following background :

(3.) This order the petitioners have challenged on various grounds. Principally, the contentions of the petitioners are that the District Panchayat Officer had no power to remove the petitioners under Section 23 of the Panchayat Act. Counsel submitted that the procedure laid down under the Rules for passing order under Section 23 was also not followed. Entire action was thus without authority of law.