GAUTAM DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. N. Das, learned counsel appearing for the petitioner as well as Mr. D. Bhattacharjee, learned GA assisted by Mr. S. Saha, learned counsel appearing on behalf of the respondents.

(2.) Petitioners, have filed this writ petition for quashing the declarations dtd. 20/9/2021 issued by the respondent no. 3 alongwith the illegal papers and references of respondent no. 4 and for allowing the petitioners to work as Members of West Kuchainala Gram Panchayat.

(3.) The facts of the case are that, the petitioners are the elected members of West Kuchainala Gram Panchayat from a particular political party and they have unanimously elected Smt. Rubi Das as Pradhan and the petitioner no. 1 herein as Upa-Pradhan. Due to dissatisfaction of the works and activities of Pradhan in execution of the development works of gram panchayat, the petitioners being majority of six members out of nine proposed to remove the Pradhan and accordingly, respondent no. 2, District Panchayat Officer held a meeting on 23/4/2021 and thereby, on being found majority of the petitioners took decision for removal of the Pradhan. Thereafter, by a memorandum dtd. 14/9/2021, respondent no. 3 sought for some clarification from the petitioners herein, reply of which had been submitted by the petitioners on 20/9/2021 stating inter alia that there was no whip/direction in the hands of the petitioners, but suddenly on 24/9/2021, respondent no. 3 issued a Declaration declaring that the petitioners have earned disqualification and thereby ceased to be a member of the gram panchayat. It is the further case of the petitioner that prior to the meeting dtd. 23/4/2021, no Whip or direction was served upon the petitioner.