UTTAM BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Let the affidavit of service be taken on record.

(2.) This writ petition has been filed by the requisitionists alleging that the prescribed authority, that is the Block Development Officer, Krishnagar-1 deliberately adjourned the meeting to be held on August 5, 2021, for removal of the Pradhan on the basis of the requisition brought by the petitioners. The reasons given in the order of cancellation dated August 4, 2021, is that there had been some clashes between the political parties and complaints had been lodged by the Bharatiya Janata Party before the National Human Rights Commission that the supporters of the said party had been killed. Another reason which has been provided is that during the Covid situation, the any gathering would not only create unnecessary disturbance and health hazard, but there was a serious possibility of breach of peace and loss of life.

(3.) This Court had directed in an earlier writ petition that the petitioners would be at liberty to bring a fresh requisition, as the earlier requisition brought by the petitioners for removal of the Pradhan, had lost its force due to the expiry of time of thirty days, on account of the inability of the prescribed authority to hold the meeting. On the basis of the liberty granted by this Court in WPA 11169 of 2021, the present requisition was brought on July 15, 2021. The prescribed authority received the same on July 16, 2021 and satisfied himself with regard to compliance of Section 12(2) of the West Bengal Panchayat Act, 1973. He fixed August 5, 2021 as the date for holding the meeting for removal of the Pradhan.