BIDHYA CHARAM SINHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The point is whether a Scheduled Caste candidate having been elected from general or unreserved seat of a Gram Panchayat can be a Pradhan of such Gram Panchayat reserved for Scheduled Caste candidate or not. Factually there are altogether three successful scheduled caste candidates. Out of the three candidates two won from the reserved seats when another won from unreserved or general seat.

(2.) Mr. Utpal Majumdar, learned Counsel appearing for the petitioner contended that whenever a seat is reserved for Scheduled Caste candidate there should be true reflection of representation of such community. A Scheduled Caste candidate having been represented from general seat cannot be the true representative of the Scheduled Caste community. Moreover, there was no scope of enquiry of the candidature of such Scheduled Caste candidate when the nomination paper had been filed by him as a general candidate.

(3.) He has drawn my attention to the situation of the grass-root level where according to him, everything is possible to achieve the goal. According to me, it is true that illiteracy in the grassroot level gives rise to muscle power not and intellectual power. Such power can manipulate or misuse the office. That apart, due to direct distribution of the fund under various governmental schemes to the Panchayats sometimes develop illegal money power. But neither I am law maker nor administrator but adjudicator. Therefore, I have no other alternative but to proceed on the basis of the given case with additional pain on the back of mind. When I go through the West Bengal Panchayat Act. 1973 and the West Bengal Panchayat (Constitution) Rules, 1975, I see that seats of Gram Panchayat Pradhan are being kept reserved by rotation and such rotation is to be followed for the entire period of five years tenure. Therefore, if one is elected as Pradhan he or she will remain in that post for five years tenure unless he or she is removed from the office or by the act of God unable to continue.