TANUJA BEGAM LASKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The subject matter of challenge is the notice dated March 7, 2022 issued by the prescribed authority under Form 1E, Sub-Rule (2) and Rule 5B of the West Bengal Panchayat (Constitution) Rules, 1975, as also the motion dated March 3, 2022 brought by the members, for removal of the Pradhan. The grounds of challenge are as follows:-

(2.) The petitioner claims to be the Pradhan of Rajapur Karabeg Gram Panchayat, Jaynagar- I Devolopment Block. The crux of the argument of the petitioner is that the motion dated March 3, 2022 on the basis of which the prescribed authority issued the notice dated March 7, 2022, is not tenable in law, in view of the series of orders passed in respect of similar motions which were brought for removal of the petitioner, from her position as the Pradhan.

(3.) It is submitted by the petitioner that by an order dated December 23, 2021, passed in WPA 20743 of 2021, a co-ordinate Bench of this Court had granted liberty to the petitioners therein (requisitionists) to move a fresh motion under the provisions of the West Bengal Panchayat Act, 1973. A motion which was brought on November 23, 2021, had not been acted upon within the statutory period. The same was declared to have lost its force. Fresh liberty was granted. Mr. Pyne and Mr. Adhikari, learned Advocates appearing on behalf of the petitioner submit that the said order dated December 23, 2021 was defective as the earlier motion dated November 23, 2021, had not been set aside. A recalling application had been filed.