SK JALALUDDIN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) By this writ petition the petitioner seeks quashing of notice dated 17-11- 2009.

(2.) The case of the petitioner is that as the majority members of the Panchayat Samity had no confidence in the Sabhapati a requisition was made on 07-10- 2009 to the Sabhapati to convene a meeting for his removal under Section 101 of the 1973 Act. A notice was also given to the prescribed authority. As the Sabhapati failed to convene a meeting, a notice was issued under Section 105 of the 1973 Act on 16-11-2009. At the said meeting held pursuant to notice dated 16-11-2009 the Sabhapati was removed. By a communication dated 17-11-2009 received by the petitioner, the respondent no.4 sought to intimate the requisitionists that due to non-compliance of Sections 101 and 105 of the 1973 Act no effect can be given to the removal of the Sabhapati. Hence, the instant application has been filed and orders sought.

(3.) Counsel for the State respondent submits that the notice issued is not in proper form. Rule 3(2) of the 1984 Rules postulates the notice to be issued in a particular form. There has been non-compliance in respect thereof and therefore, there was no meeting held in the eye of law. In fact the meeting was held beyond 35 days from the issuance of the first notice under Section 101 and as held in 2008 CWN 153, the holding of meeting beyond the requisite period has rendered the meeting invalid.