LAWS(CAL)-2021-11-104

ARUP MONDAL Vs. STATE OF WEST BENGAL

Decided On November 09, 2021
Arup Mondal Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) The writ petition has been filed by the Pradhan of Sagardighi Gram Panchayat under Sagardighi Block, District-Murshidabad. The petitioner draws the attention of the Court to the requisition, which is in Bengali. According to the petitioner, the requisition dated October 25, 2021 is stigmatic as it has been categorically stated that the requisitionists and other members of the concerned Gram Panchayat have lost confidence in the Pradhan as the Pradhan has been unsuccessful and has failed to carry out any developmental work. Thus, according to the requisitionists, on account of such failure on the part of the Pradhan to improve and develop the locality, the members had lost confidence in their leader.

(2.) This court in the matter of Sourendra Nath Das v. The State of West Bengal and ors. (WPA 11903 of 2021) held as follows:

(3.) The effect of such a requisition is that the pradhan being incompetent to perform his duties had caused suffering to the people and would be consequently removed as the members lost confidence on account of such non- performance. The pradhan has a career. If the requisition is allowed to stand, it would be a reflection of his inability and incompetence in performing his duties as a leader of the gram panchayat. This is the foundation of the requisition. The 'no confidence' is based on the allegation of incompetence and inability of the pradhan and the suffering caused to the people in the locality due to such incompetence. This is not a simple requisition for removal of the pradhan. The removal if carried through in the meeting will carry a stigma that the pradhan was removed as he failed to perform his duties and developmental works.