AMIYA PATRA Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) Though earlier this writ petition was considered along with the writ petition being W.P. No. 17907(W) of 2012 analogously, but in course of hearing of these two writ petitions, this Court finds that for the sake of convenience of trial of these two writ petitions, these two writ petitions should be dealt with separately as the cause of action of the aforesaid two writ petitions are different and different reliefs were also claimed in these two writ petitions. Accordingly, these two writ petitions are heard separately one after another. This writ petition is filed by one Amiya Patra, the Secretary of Bankura District Committee of the Communist Party of India (Marxist), Bankura challenging an order passed by the Sub-Divisional Officer, Bishnupur, Bankura on 27th July, 2012 appearing at page 47 of the writ petition.

(2.) Mr. Amiya Patra is the petitioner No. 1 and Communist Party of India (Marxist), District Committee, Bankura is the petitioner No. 2.

(3.) It is contended by the petitioners that the petitioner No. 1 submitted an application before the competent authority for declaring the respondent No. 3 as disqualified as she, after being elected as Councillor of Ward No. 5 in Sonamukhi Municipality, Bankura on the symbol of C.P.I.(M) party, joined another political party viz., Trinamool Congress after six months after her election and the petitioner's said application was rejected by the competent authority without giving him any opportunity of hearing. On perusal of the impugned order, this Court finds that in fact, 27th July, 2012 was the date fixed for consideration of another application filed by the leader of the House for declaring the said respondent No. 3 as disqualified almost on identical ground and while dealing with the same, the competent authority abruptly rejected the petitioner's said application without giving any opportunity of hearing to the petitioner.