GOSTO MANDOL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Instead of disposal of the application, we propose to hear out the appeal itself as this appeal can be disposed of on a pure question of law. This appeal is at the instance of a writ petitioner and is directed against the order dated 4th October, 2010 passed by a learned Single Judge of this Court by which the learned Single Judge disposed of a writ application by directing that the letter of resignation as well as the subsequent one of withdrawal of the resignation given by the writ petitioner should be considered at the meeting that will be convened by the general body of the concerned Panchayet Samity within three weeks from the date of receipt of such order.

(2.) Being dissatisfied, the writ petitioner has come up with the present mandamus appeal.

(3.) There is no dispute that the writ petitioner, who is a Sabhapati of the concerned Panchayet Samity, tendered his resignation on 19th October, 2009 by addressing the same to the Sahakari Sabhapati in accordance with the then provision of the West Bengal Panchayat Act. It further appears that a copy of such letter was also given to the Sub Divisional Officer and the Secretary of the Panchayat Samity.