NABA KUMAR MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Pradhan/respondent No.7 is represented. None appears on behalf of the Upa-Pradhan, respondent No.8 although records reveal that the copy of the writ petition has been sent to the Upa-Pradhan by speed post and served by e- mail. A copy of the screenshot of email is annexed to the affidavit of service. It is submitted that the mail has not bounced back.

(2.) The writ petition has been filed by one of the requisitionists, who brought two requisitions both on July 29, 2021 for removal of the Pradhan and Upa-Pradhan of Samsi Gram Panchayat, District-Malda. The prescribed authority issued two separate notices upon satisfaction of the compliance of Section 12(2) of the West Bengal Panchayat Act, 1973 (hereinafter referred to as the said Act) on July 30, 2021 fixing August 12, 2021 as the date for holding the respective meetings for removal of the Pradhan and Upa-Pradhan.

(3.) By a notice dated August 11, 2021, the prescribed authority postponed the meetings until further notice on the ground that an appeal had been filed by the respondent No.7 before the Hon'ble Division Bench of this Court being MAT No.750 of 2021. It is submitted by the petitioner that the appeal had been filed and communicated to the prescribed authority by the respondent No.7 and although there was no order of the Hon'ble Division Bench staying either the order of this Court or the requisition brought by the petitioner, the prescribed authority on a misunderstanding of the communication was misled into believing that the filing of the appeal would mean a restraint on the prescribed authority to hold the scheduled meetings.