LAWS(CAL)-2022-12-84

RITESH PORTEL Vs. STATE OF WEST BENGAL

Decided On December 26, 2022
Ritesh Portel Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) The petitioners challenge a requisition made on December 13, 2022 (wrongly mentioned as November 13, 2022) for the removal of the Chairman of Darjeeling Municipality. The petitioners urge that the said requisition was made only by five members. Therefore, no meeting can be convened on the basis of such requisition for the removal of the Chairman.

(2.) Mr. Bikash Ranjan Bhattacharjee, learned senior advocate appearing for respondent nos. 6 to 21, on the other hand, submits that the said letter dated December 13, 2022, was not a requisition. In fact, on November 24, 2022, a requisition signed by 16 members out of 31 members of the Municipality was filed before the Chairman for his removal. Only a reminder was given to the Vice-Chairman by the said letter dated December 13, 2022, to convene a meeting since the Chairman did not convene any meeting following the requisition dated November 24, 2022. It was not necessary to make a fresh requisition before the Vice-Chairman again by the majority of members (one-third) seeking the removal of the Chairman.

(3.) The issue, therefore, that falls for consideration in this writ petition is that if the Chairman fails to convene a meeting being requisitioned by one-third of the total members, whether the Vice-chairman has to be approached again by one-third of the total members for convening a meeting for the removal of the Chairman.