SHRI MOHAN CHANDRA MAHATO Vs. THE APPELLATE AUTHORITY AND THE DISTRICT PANCHAYAT AND RURAL DEVELOPMENT OFFICER, PURULIA & ORS.

JUDGEMENT

(1.) This is an application under 227 of the Constitution of India against the judgment and order dated 23rd Nov., 2000 passed by the Appellate Authority in a proceeding arising under Sec. 213A of the West Bengal Panchayat Act, 1973. The said proceeding was initiated by the leader of a recognised political party of which the opposite party Nos. 3 and 4 were members and were elected as such as the members of the concerned Gram Panchayat, on the allegation that on 29th Aug., 2000 in a requisitioned meeting of the said Gram Panchayat, the said opposite parties had exercised their voting right contrary to the manner of voting of the majority members set up by such political party in the said Gram Panchayat.

(2.) The Prescribed Authority on the basis of the said complaint initiated a proceeding and further by following the procedure prescribed therefor came to the finding that the said opposite parties had exercised their voting right contrary to the manner of voting of the majority members set up by such political party in the said requisitioned meeting and, accordingly, passed an order disqualifying them as the members of the said Gram Panchayat under the aforesaid provisions of the Act.

(3.) The said order was appealed against by the opposite parties. The Appellate Authority on the merits of the aforesaid case did not interfere with the findings arrived at by the Prescribed Authority but reversed the order of the said Prescribed Authority solely on the plea that the Prescribed Authority acted illegally by initiating the proceeding and also by disposing of the same particularly when the complaint itself in this regard was lodged with the Executive Officer. Accordingly, he was of the opinion that the complaint itself having not been find before the Prescribed Authority, the entire exercise of power by the Prescribed Authority was without any jurisdiction.