SUKUL MURMU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) BY this Writ Petition the petitioner seeks to set aside the orders dated 8th February, 2010 and 5th April, 2010 passed by the prescribed authority and appellate authority.

(2.) THE case of the petitioner is that a complaint was lodged under Section 213A of the 1973 Act. THE petitioners being one-third (1/3rd) of the members of the Gram Pranchayat constituted a group and were entitled to protection under sub-section (b) of the second proviso of Section 213(1)(b) of the 1973 Act. Filing of one complaint will evidence that the petitioners as members of the Gram Pranchayat, as a group gave up their membership and there was no violation under Section 213 (a) (i). An objection was filed by the petitioners and an order passed by the prescribed authority on 8th February 2010. An appeal was filed from the said order which appeal was disposed of by order dated 5th April 2010. Reliance is placed on AIR 1967 SC 1211, AIR 1987 SC 57 and 2002 2 CLJ 197.

(3.) COUNSEL for the petitioner in reply submits that the order dated 1st July 2010 be considered while passing final orders. Having considered the submission of the parties a complaint was filed under Section 213A(7) of the 1973 Act, which section contemplates filing of one complaint against one or more members. Therefore, it cannot be said that the complaint filed is defective except may be the verification, which as directed has been corrected by order dated 1st December, 2009.