BASIRUDDIN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Undisputed facts of this case are as follows: There are fourteen members in the Tinpakuria Gram Panchayat. Md. Basiruddin was the Pradhan. Eight out of the fourteen members by a notice dated 11th Dec., 2009, requested the Pradhan to convene a meeting within fifteen days for his removal. The Pradhan failed to convene any meeting as required by those eight members. They, therefore, issued a notice on 29th Dec., 2009, calling a requisition meeting to be held on 7th Jan., 2010 at 12 noon. Copy of the notice was given to the prescribed authority, the Block Development Officer. Meeting was held on 7th Jan., 2010, at the time and place fixed by the notice dated 29th Dec., 2009, which was attended by eight out of the fourteen members, and a resolution removing the Pradhan was passed unanimously.

(2.) On 4th Jan., 2010, the present writ petition was filed challenging the validity of the notices dated 11th December, 2009, and 29th Dec., 2009. The petition was moved on 6th Jan., 2010, when an order was passed that the meeting could be held but no effect be given to the resolution which might be adopted until 12th Jan., 2010. On 11th Jan., 2010, interim order already passed was extended till 19th Jan., 2010, and the matter was directed to be listed on 18th Jan., 2010. The order dated 11th Jan., 2010, was communicated to the Block Development Officer who is also the prescribed authority by the learned Advocate on record for the petitioner a copy whereof is at page 14 of the supplementary affidavit affirmed on 28th Jan., 2010, by the petitioner himself. The communication made by the learned Advocate for the petitioner was as follows:

(3.) On 19th Jan., 2010, the prescribed authority, the Block envelopment Officer, made a declaration that the meeting held on 7th Jan., 2010, was valid and the Pradhan Md. Basiruddin stood removed. le added that the removal of the Pradhan shall be given retrospective effect. By the aforesaid supplementary affidavit validity of the order dated 19th Jan., 2010, has also been challenged.