LAXMI ORAON Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner is the Upa-Pradhan of Kshempur Gram Panchayat, District-Malda. The requisitionists brought a motion on August 2, 2021 for removal of the Upa-Pradhan. The petitioner alleges that the meeting scheduled to be held on September 2, 2021 is beyond the period of 30 days and is in violation of Sec. 12(10) of the West Bengal Panchayat Act, 1973. As such, the said notice under Form 1E of sub-rule (2) of the Rule 5B of the West Bengal Panchayat (Constitution) Rules, 1975 as also the requisition should be set aside and cancelled.

(2.) Mr. Chatterjee, learned Advocate appearing on behalf of the requisitionists, submits that the prescribed authority had called for a meeting on August 18, 2021 but notified that the same could not be convened as the police authorities were not in a position to provide assistance to the prescribed authority at the meeting. It is further submitted that the right of the requisitionists to remove the Upa-Pradhan by a democratic process which has been recognised by Courts, cannot be curtailed by such inaction or illegal action of the prescribed authority. It is further submitted that the Upa-Pradhan has no right to continue in his office when the members, who have elected the Upa-Pradhan, have lost their confidence.

(3.) It is submitted that the Upa-Pradhan cannot stay in office for a single day. According to Mr. Chatterjee as the meeting could not be held earlier for reasons beyond the control of the prescribed authority, the period of 30 days under Sec. 12(10) will not be applicable. The outer limit has expired and the requisition has lost its force. This court is of the opinion that the outer limit to complete the entire process is 30 days from receipt of the requisition. Heard the parties. It is the democratic right of the requisitionists, to seek the removal of their leader on whom they have lost their confidence but, in accordance with law.