ABU SAHID GAZI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioners/appellants on November 16, 2021, submitted a requisition to the prescribed authority under the West Bengal Panchayat Act, 1973 for removal of the Pradhan of Bhebia Gram Panchayat. The prescribed authority did not take any steps to convene a meeting on the basis of the said requisition which prompted the writ petitioners to approach the learned Single Judge seeking a direction upon the prescribed authority to complete the proceeding for removal of the Pradhan in terms of Sec. 12 of the Act.

(2.) In course of hearing of the case it was brought to the notice of the learned Single Judge by the Pradhan that, on an earlier occasion the writ petitioners had brought a motion of no-confidence on 20/09/2021, before the prescribed authority. Subsequently, some of the requisitionists withdrew from the requisition on the ground that the dispute between the said requisitionists and the Pradhan was resolved. In that view of the matter, the prescribed authority held that since the motion was not brought by at least 1/3rd of the existing members, the motion of no-confidence was not sustainable in the eye of law.

(3.) Learned Single Judge found that the facts with regard to the earlier requisition of 20/09/2021, and revocation of the same by the prescribed authority had been suppressed in the writ petition.