SMT. BELA SINGH SARDAR Vs. THE APPELLATE AUTHORITY, DISTRICT PANCHAYAT AND RURAL DEVELOPMENT OFFICER, PURULIA & ORS.

JUDGEMENT

(1.) This application under Art. 227 of the Constitution of India is moved at the instance of one Smt. Bela Singh Sardar and is directed against an order passed by the Appellate Authority under the West Bengal Panchayat Act by which the said Appellate Authority affirmed the order of the prescribed authority, i.e., the Block Development Officer disqualifying the membership of the petitioner to the Gram Panchayat.

(2.) Smt. Bela Singh Sardar was duly elected as a Member of the office of Mankiary Gram Panchayat. The case as made out by the respondent No. 3 that the said Bela Singh Sardar had submitted her letter of resignation from the office of the Pradhan of the said Gram Panchayat which she has subsequently withdrawn. She had also submitted that she might have submitted her letter of resignation from the Congress Party because of her ignorance.

(3.) There is no dispute that the petitioner Bela Singh Sardar was elected to the Gram Panchayat as a Member of Indian National Congress which set up her in the last Panchayat election held on 6th April, 1999 and, thereafter, according to the case of the respondent No. 3 she had submitted her resignation from the political party from which she has contested, and as such, she incurred disqualification under Sec. 213-A of the West Bengal Panchayat Act. The said letter written by the respondent No. 3 who happens to be the Secretary of the said Gram Panchayat had informed the prescribed authority, i.e., the Block Development Officer that as the said Bela Singh Sardar had crossed the floor and resigned from the political party which nominated her, she is not eligible to remain as a Member in view of the provisions of Sec. 213-A of the West Bengal Panchayat Act. Subsequently, the said Bela Singh Sardar disputed the signature but ultimately she set up a case that the signature belongs to her but she did not admit the contents thereof. The respondent No. 3 informed the Block Development Officer that since the petitioner had changed her membership and, therefore, she is not entitled to remain as a Member. Upon this allegation there was a hearing and the hearing was conducted by the Block Development Officer wherein the petitioner was present and she gave evidence and at one moment she admitted that she had resigned from the Indian National Congress, which party gave her nomination and upon such nomination she was elected in the Panchayat Election. Therefore, the fact remains that she had resigned.