LAKHI BHUI MALI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This. Mandamus-Appeal is at the instance of an unsuccessful writ-petitioner and is directed against an order dated 21st December, 2009 passed by a learned Single Judge of this Court by which His Lordship dismissed the writ-application filed by the appellant in which the appellant challenged the legality of the meeting held on 14th December, 2009 at the instance of the private-respondents for her removal from the post of Pradhan of a Gram Panchayat.

(2.) On 14th September, 2009, four members of the Gram Panchayat served a notice upon the appellant, the Pradhan, to hold a meeting in terms of Section 16 of the West Bengal Panchayat Act, 1973 (hereinafter referred to as the Act) so that they could bring 'no confidence motion' against the appellant. On 21st September. 2009, the appellant, consequently, informed the Block Development Officer by a notice that pursuant to the demand of those four members a meeting would be held on 6th October, 2009 for considering 'no confidence motion' and she requested the Block Development Officer to take necessary step. However, on 22nd September, 2009, those four members of the concerned Panchayat informed the appellant that they had withdrawn the notice dated 14th September, 2009 of their own volition.

(3.) Subsequently, on 23rd September, 2009, six members of the said Gram Panchayat served a fresh notice upon the appellant and requested her to hold a meeting for her removal alleging 'no confidence' in terms of Section 12 read with Section 16 of the Act. The appellant, however, did not convene any meeting pursuant to the demand by those six members dated 23rd September, 2009 and consequently, those six members issued a notice on 9th October, 2009 for holding a requisitioned meeting on 16th October 2009 for removal of the Pradhan. On that day, a meeting was held where a resolution was adopted by the majority members for the removal of the Pradhan. However, the Block Development Officer and the prescribed authority under the Act, by his order dated 11th November, 2009, declared that the meeting held on 16th October, 2009 including the resolution adopted in the said meeting was not valid. The said decision of the Block Development Officer and the prescribed authority under the Act dated 11th November, 2009 was, however, not challenged by any of the members and became final.