SWAPAN BANERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The requisitionists who are the members of Somra II Gram Panchayat had brought a second requisition before the prescribed authority under Sec. 12(2) of the West Bengal Panchayat Act, 1973. The said requisition was brought on July 8, 2021. It is alleged that despite having received such requisition, the prescribed authority failed to convene a meeting under political pressure. It is alleged that the meeting was not called by citing the Covid-19 restrictions imposed by the State of West Bengal under the Disaster Management Act read with West Bengal Epidemic Disease, Covid-19 Regulations, 2020. Allegations of mala fide, collusion with the Pradhan have also been made.

(2.) Mr. Saha, learned advocate for the State respondents submits that as Covid restrictions have been relaxed the meeting should have been called by the prescribed authority in accordance with law. If the prescribed authority was satisfied about compliance of Sec. 12(2) of the said Act the meeting should have been convened, but as the period of 30 days has expired, the said requisition has lost its force.

(3.) Mr. De, learned advocate appearing on behalf of the Pradhan submits that requisition notice is stigmatic. In any event, the requisition has already lost its force and liable to be set aside by this Court. The allegations against the Pradhan does not survive.