PANCHANAN MAHATO Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In the writ petition, a motion of no-confidence dated December 9, 2021, against some Sthayee Samiti-members of the Jhalda-II Panchayat Samiti including the writ petitioner/appellant, was challenged. The writ petitioner/appellant was the Karmadhyaksha of the said Sthayee Samiti. The writ petitioner/appellant also challenged a notice dated December 15, 2021, convening a meeting on December 28, 2021, under Rule 17(6)(c) of the West Bengal Panchayat (Constitution) Rules, 1975, issued by the Prescribed Authority /Sub-Divisional Officer of Jhalda Sub-Division, Purulia.

(2.) By an order dated January 10, 2022, the learned Single Judge dismissed the writ petition.

(3.) Before us, Mr. Joytosh Majumdar, learned advocate for the appellant, submitted that for the removal of a Karmadhyaksha of a Panchayat Samiti, specific provisions have been engrafted in Rule 18 of the West Bengal Panchayat (Constitution) Rules, 1975. Therefore, the attempt to remove the appellant invoking Rule 17(6) of the West Bengal Panchayat (Constitution) Rules, 1975 is not sustainable in the eye of law.