SATYA BHUSAN MALLIK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner is the Upa-Pradhan of the Jaijail Gram Panchayat under Habibpur Panchayat, District-Malda.

(2.) The petitioner by the instant writ petition is challenging the notice dated October 25, 2021 issued by the prescribed authority under sub-rule (2) of Rule 5B of the West Bengal Panchayat (Constitution) Rules, 1975 for convening the meeting on the motion of removal of the petitioner from the post of Upa-Pradhan of the said Gram Panchayat.

(3.) Mr. Srijib Chakraborty, learned advocate appearing on behalf of the petitioner submits that the notice was issued on October 25, 2021 fixing the date of meeting on November 02, 2021 but the said notice was sent to the petitioner on October 27, 2021 which falls short of 'clear seven days ' as required under sub-section (3) of Section 12 of the West Bengal Panchayat Act, 1973 (the said Act of 1973 in short) and the said period of seven days being mandatory, the prescribed authority cannot hold the meeting for removal of the petitioner from his said post on the basis of said notice. In support of his such contention he places reliance on the decision of the Division Bench of this Court in the case of Madhumita Biswas -vs- The State of West Bengal and Ors reported in (2007) 4 CHN 932.