SABITRI MANDAL (SMT.) Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The most point for determination is whether the resignation of the Petitioner from the membership of the local Gram Panchayat can be treated as accepted or not in the facts and circumstances of this case.

(2.) 9 members of the Gram Panchayat being requisitionists called a meeting for removal of Pradhan on August 2, 2002 when the Pradhan failed to call the same. The date of the notice calling such meeting is July 25, 2002, Initially an interim Order was passed on August 1, 2002 by which meeting was allowed to .be taken place pursuant to such notice but publication of the result will not be made without the leave or the Court.

(3.) According to the Petitioner, she tendered resignation on March 26, 2002 and the same was withdrawn on March 27, 2002. Therefore, no effect in respect of such resignation can be given. In further, she could not be disallowed from participating the meeting of the requisitionists in a situation when the participation or non -participation of such members is marginal. The requisitionists are 9 in members wherein others are also 9 in members. Therefore, if the Petitioner's participation in the meeting is turned down on the basis of her tendering resignation, the result is obvious i.e. 9: 8. According to the writ Petitioner, earlier writ petition being W.P. No. 4378 (W) of 2002 (Smt. Sabitri Mondal v/s. State of West Bengal and Ors.) regarding the subject matter of the resignation is still pending in this Court. In such writ petition an order of Status Quo as on April 4, 2002 passed by the Court with a direction that no coercive measure shall be taken as against her. It has been contended by the Respondents, at the time of passing the interim order in this writ petition that the writ Petitioner therein wanted to withdraw such writ petition in which the order was passed.