MD. NOJIBUR RAHAMAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Another instance where the Pradhan of Daulatnagar Gram Panchayat, Harishchandrapur-II Block, District - Malda has attempted to frustrate the order of this Court by filing this writ petition and by raising points which in the prima facie opinion of the Court are not adequate to persuade the court to stay the meeting to be held on August 17, 2021.

(2.) The requisitionists, who are clearly majority in number had brought a motion before the prescribed authority for the first time on or around June 28, 2021, requesting the prescribed authority to convene a meeting for removal of the Pradhan on the ground of lack of confidence. The prescribed authority failed to convene a meeting and did not supply any reasons to the requisitionists as to why the requisition could not be acted upon. Accordingly, a writ petition was filed being WPA No.11295 of 2021 and this Court directed that in view of the expiry of the period of thirty days from the date of receipt of requisition, the requisitionists would be at liberty to bring a fresh requisition in accordance with law. Accordingly, a requisition was brought on July 22, 2021. The prescribed authority upon being satisfied with the compliance of Section 12(2) of the West Bengal Panchayat Act, 1973, issued a notice dated July 28, 2021 fixing August 6, 2021 as the date for holding the meeting. On August 3, 2021 the writ petition being WPA 12333 of 2021 was filed on the ground that the prescribed authority had not satisfied the provisions of Section 12(3) of the said Act. No interim order was passed and the Court directed that the meeting on August 6, 2021 should be held as per schedule. Directions were issued upon the prescribed authority to file affidavits showing compliance of Sections 12(2) and 12(4) of the said Act. The order was carried in appeal, but as yet the petitioner has not been able to produce any interim order staying the order dated August 5, 2021, by which this Court directed that the meeting should be held. Admittedly, the matter had not been heard by the Hon'ble Division Bench. On August 5, 2021 the prescribed authority on the communication of the Inspector-in-Charge, Harishchandrapur Police Station dated July 28, 2021 adjourned the meeting until further orders, as police authorities expressed their inability to deploy sufficient police force in view of the serious law and order problem that was expected and certain incidents which had happened in the area with regard to the issue of no confidence against the Pradhan of the Daulatpur Gram Panchayat. It appears that the meeting was adjourned because some information was received from the intelligence that the meeting would cause gathering of huge persons and there could be serious law and order problem apart from the issues relating to violation of Covid norm.

(3.) The matter was mentioned before this Court for inclusion in the list by the requisitionist on August 9, 2021. The learned advocate on record for the petitioner was also present during mentioning and this Court was apprised that an appeal had been filed. This court requested the concerned advocate for the State respondents, who is also an Additional Government Pleader to enquire into the actual facts. Later on the same day, this Court was informed that the situation improved and a notice for holding the meeting has been already issued.