AJIT KUMAR SAMANTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petition has been filed primarily challenging the order dated March 10, 2022 passed by the Prescribed Authority and Sub-Divisional Officer (SDO), Tamluk, District- Purba Medinipore, vide Memo No.164/SDOT/GEN, whereby the petitioner's application for taking appropriate action against three members of the Gram Panchayat, being respondent nos. 14, 17 and 22, was turned down.

(2.) The petitioner was elected as Pradhan of the Raghunathbari Gram Panchayat in the year 2018. On December 24, 2021, the petitioner was served with a notice under Rule 5-B(2) of the West Bengal Panchayat (Constitution) Rules, 1975 (hereinafter referred to as 'the 1975 Rules') for a meeting of the Gram Panchayat for consideration of a motion for removal of the petitioner as Pradhan in view of the lack of confidence on January 4, 2022. The meeting was thereafter postponed and subsequently fixed on February 7, 2022. After getting a copy of the notice of such meeting, the petitioner moved a writ petition bearing WPA No.1315 of 2022 before this Court and a Co-ordinate Bench, by its order dated February 4, 2022, disposed of the writ petition by setting aside the notice of 'No Confidence Motion', granting the requisitionists liberty to bring a fresh requisition as per the provisions of Sec. 12(2) of the West Bengal Panchayat Act, 1973 (for the sake of brevity, 'the 1973 Act').

(3.) On February 5, 2022, the Block Development Officer (BDO), Panskura-I Development Block issued a notice inviting the petitioner and other members of the Gram Panchayat about the cancellation of a fresh meeting for removal of the petitioner as Pradhan, which was scheduled to be held February 7, 2022.