CHINMOYEE MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Affidavit-of-service is taken on record.

(2.) This writ petition has been filed challenging the notice dtd. July 8, 2021 issued by the prescribed authority fixing July 16, 2021 as the date of meeting for removal of the UpaPradhan of Laxmijola Gram Panchayat, District Murshidabad. The petitioner is the Upa-Pradhan.

(3.) It is the contention of Mr. Dewan, learned Advocate appearing on behalf of the petitioner, that the notice was received on July 12, 2021 at 6.00 p.m. and the said meeting should be declared invalid in view of the fact that seven days clear notice was not available to the Upa-Pradhan. Mr. Dewan emphasises that the law prescribes that the Upa-Pradhan should at least have seven days notice. The incorporation of the word "at least" in Sec. 12(3) of the West Bengal Panchayat Act, 1973, according to Mr. Dewan, indicates that the prescription of seven days clear notice is mandatory and cannot be deviated from. He further submits that the Hon'ble Apex Court in several decisions have held that the authorities concerned must follow the provisions of the statute and cannot go beyond the same.