SHAKTIPADA MAHATO Vs. DISTRICT MAGISTRATE, PURULIA & ORS.

JUDGEMENT

(1.) The instant application under Article 227 of the Constitution of India preferred by the petitioner Shaktipada Mahato is directed against the order dated 30.7.2001 passed by the District Magistrate, Purulia and the Appellate Authority in District Purulia Case No. 1 of 2001 under Sec. 213A (12) of the West Bengal Panchayat Act, 1973. whereby the order dated 11.5.2001 passed by the Sub -Divisional Officer, Sadar (West) Purulia and the Ex -Officio Prescribed Authority retaining the membership of Shri Bharat Singh presently O. P. No. 3 in Joypur Panchayat Samity has 'been confirmed. The facts of the case leading to the instant revision may briefly be stated thus. On 21.3.01 the applicant Shaktipada Mahato filed an application for disqualification of membership of Shri Bharat Singh, a member of Joypur Panchayat Samity. It has been alleged in the said application that Shri Shaktipada Mahato was elected leader of INC of Panchayat Samity members of Joypur Panchayat Samity on 5.8.98 and he is holding the power to recommend the name of any elected member of I.N.C. to the Prescribed Authority to disqualify him from membership for disobeying the party whip and for tendering resignation from membership of the party. It has been further alleged by the petitioner that Shri Bharat Singh was elected member of Panchayat Samity with Hand symbol from Ropo -IV Constituency under Joypur Panchayat Samity. Shri Singh was present in the meeting which was held on 5.8.98 for election of leader of I.N.C. Subsequently on 16.3.2001 Shri Bharat Singh sent a letter addressed to the Block Congress President, Joypur, with copy thereof to the Prescribed Authority and also to the present petitioner Shaktipada Mahato being the leader of I.N.C. Joypur Panchayat Samity and had voluntarily given up his membership of the said party. On receipt of the said letter dated 16.3.2001 issued by Shri Bharat Singh the present petitioner as leader of I.N.C. convened a meeting on 20.3.2001 and it was unanimously decided in the said meeting that the leader of the Panchayat Samity would take step for disqualification of membership of Shri Bharat Singh as per the provisions of the West Bengal Panchayat Act, 1973 hereinafter referred to as the Act.

(2.) As already stated, on 21.3.2001 the present petitioner made an application to the Prescribed Authority under Sec. 213A of the Act praying for disqualification of the membership of Shri Bharat Singh along with endorsement by the Joint Secretary, District Congress Committee, Purulia.

(3.) By Memo No. 146/SC (W) dated 6.4.2001 the Prescribed Authority and SDO Sadar (West), Purulia, requested the petitioner to attend the office with all necessary documents and witnesses. The petitioner was duly present in the office at the scheduled hours on 12.4.2001 and submitted all the relevant documents. Shri Bharat Singh presently O. P. No. 3 was asked to appear before the Prescribed Authority on 19.4.2001 at 10 A.M for hearing on that date. He was present along with his lawyer and prayed for time. The hearing was adjourned to 2.5.2001 on which date Shri Bharat Singh along with his lawyer was present and submitted that the proceeding under Sec. 213A of the Act was not maintainable as Shri Bharat Singh, Thakurdas Mahato, Chabi Rani Chowdhury and Dilip Soren constituted a group representing a faction of l/3rd of the total number of members of I.N.C, Joypur Panchayat Samity. The said group representing the faction was formed on 5.3.2001 and Shri Bharat Singh brought the three members Thakurdas Mahato, Chabi Rani Chowdhury and Dilip Soren as witnesses and submitted before the Prescribed Authority that all of them including himself were not present in the meeting on 20.3.2001 since they already formed Upadal or group representing the faction on 5.3.2001. The said members submitted an affidavit and copy of the resolution of the meeting dated 5.3.2001 regarding formation of a separate group and a letter declaring voluntarily giving up of their membership from I.N.C. to substantiate their claim before the Prescribed Authority.