LAWS(CAL)-2022-1-153

MAINUL ISLAM. Vs. THE STATE OF WEST BENGAL

Decided On January 25, 2022
Mainul Islam. Appellant
V/S
The State Of West Bengal Respondents

JUDGEMENT

(1.) The only grievance with which the writ petitioner/Pradhan approached the learned Single Judge was that the process of her removal was in violation of Sec. 12(10) of the West Bengal Panchayat Act, 1973, which reads as follows:

(2.) The learned Single Judge dismissed the writ petition holding that the prescribed authority, for reasons beyond his control, fixed the meeting for removal of the Pradhan on 5/7/2021. There was no illegality in the impugned action.

(3.) Before us, Mr. Partha Sarathi Bhattacharyya, learned senior advocate, contends that the learned Single Judge has failed to take into consideration Sec. 12(10) of the said Act. Since the process of removal of the relevant Pradhan was not completed within thirty days from the submission of motion, the learned Single Judge ought to have held that the process of removal was vitiated.