MAHINDI KUMAR Vs. STATE

JUDGEMENT

(1.) In this appeal an application for interim order has been made by the writ petitioners appellants. The appellants moved a writ petition for the approval of the names of nominees in Sarengdih Gram Panchayat under S.210 of the West Bengal Panchayat Act on the basis of the resolution of the Gram Panchayat dated 29/12/1988. It may be mentioned here that if there is no elected female member and/or member from the scheduled caste or scheduled tribe in Gram Panchayat then under S.210 of the Panchayat Act, the members of the Gram Panchayat can make a resolution for nomination of such female member and/or member from scheduled caste and scheduled tribe in the Grarh Panchayat. On the basis of such resolution the Government on approving the names gives a publication nominating such members in the Gram Panchayat. The appellants stated that although some names were recommended by the resolution of the Gram Panchayat dated 29/12/1988 while the final approval of such names and consequential publication by the Government was awaiting, another meeting of the Gram Panchayat had taken place. On 23/05/1989, and a resolution was taken by the majority members of the Panchayat by which some names other than the names recommended in the first resolution were recommended under S.210 of the Panchayat Act and such resolution taken on 23/05/1989 was also forwarded to the Block Development Officer for appropriate action to be taken by the District Magistrate and the District Panchayat Officer.

(2.) It is contended by the appellants that when the resolution dated 23/05/1989 was passed recommending some names for nomination under S.210 there is no occasion on the part of the District Panchayat Officer to accord approval of the names contained in the first resolution dated 29/12/1988 and to give a publication of such names for being nominated to the said Gram Panchayat. The writ petitioners appellants have contended that such action is wholly illegal and improper. The appellants, therefore, prayed for an appropriate direction for according approval to the names contained in the second resolution of the Gram Panchayat by cancelling the nomination sought to be made on the basis of the first resolution. Such writ application was contested on behalf of some of the members of the Gram Panchayat and also on behalf of the nominees in whose favour the recommendation was made by the first resolution dated the 29/12/1988 and in whose favour the publication had been made by the Government on approval of the said names. It was contended by the said respondents that the Gram Panchayat having exercised the power under S.210 was not competent to exercise the same power for the self-same reason at a later date and in any event the first resolution not having been cancelled, the same remained operative and when the State Government under the provisions of the Panchayat Act had accepted the recommendation made by the Gram Panchayat and approved the names and made publication of such names such action is absolutely legal and just and no interference by the writ court was called for. The learned trial Judge accepted the said contention and dismissed the writ application.

(3.) The instant appeal has been preferred by the eight members of the said Gram Panchayat who passed the second resolution by recommending some other names for being nominated in the said Gram Panchayat under S.210 of the Panchayat Act.