SUSAMA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This writ petition has been filed by the Pradhan of Islampur Gram Panchayat challenging the requisition dated August 12, 2021 as also the notice under Form 1E of sub-rule (2) of rule 5B of the West Bengal Panchayat (Constitution) Rules, 1975, dated August 18, 2021. The meeting for removal of the Pradhan has been fixed on August 27, 2021 at 12-00 noon.

(2.) The allegation of the petitioner is that the requisition is not legally acceptable and contrary to the provisions of Sec. 12(2) of the West Bengal Panchayat Act, 1973 (hereinafter referred to as the said Act).

(3.) It is the contention of Mr. Deb Barman that in the requisition, the subject has wrongly been mentioned as a requisition for removal of the Pradhan under Sec. 12 read with Sec. 16 of the said Act of 1973. According to him, the requisition cannot be accepted and acted upon on as the requisition was not brought under Sec. 12(2) of the said Act but was brought under such provisions of law which have been amended.