JETHULAL MAHATO Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against an order and judgment dated 13th January, 2010 passed by the learned Single Judge dismissing the writ petition so filed by the appellant herein challenging the removal of the petitioner as Pradhan of the Mukundapur Gram Panchayat within the Police Station of Joypur in the District of Purulia.

(2.) The petitioner filed the writ application challenging the notice dated 21st December, 2009 issued by the requisitionists for removal of the petitioner.

(3.) Mr. Bidyut Kumar Banerjee, learned Counsel appearing on behalf of the petitioner contended that a notice under section 12 of the West Bengal Panchayat Act, 1973 (hereinafter referred to as the '1973 Act') was issued on 28th October, 2009. As the writ petitioner failed to convene the meeting, the requisitjonists under section 16 of the 1973 Act called a meeting on 27th November, 2009. The meeting could not be held on 27th November, 2009, instead a notice was issued under section 12 of the 1973 Act on 4th December, 2009. The writ petitioner did not convene the said meeting, as a result whereof a notice dated 21st December, 2009 was issued by the requisitionists for holding the meeting on 29th December, 2009. At the said meeting, by a resolution passed by the requisite majority, the writ petitioner was removed for no confidence.