LAWS(CAL)-2023-5-104

TANUJA BEGUM LASKAR Vs. STATE OF WEST BENGAL

Decided On May 18, 2023
Tanuja Begum Laskar Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) These two appeals are directed against the judgment and order dated March 29, 2022, whereby the writ petition of the appellant in MAT 468 of 2022, being WPA No. 4584 of 2022, was disposed of. Being aggrieved, the writ petitioner has filed MAT 468 of 2022. MAT 486 of 2022 has been filed by four persons claiming to be members of the concerned Panchayat. The appellant no. 1 in that appeal claims to be the leader of the opposition. The appellants in MAT 486 of 2022 claim that they were necessary parties to the writ petition but were not impleaded as respondents. They were thus deprived of the opportunity of placing their case before the learned Single Judge. By reason thereof, they have suffered prejudice. They have taken out an application for leave to appeal against the judgment and order dated March 29, 2022. We are not inclined to grant such leave. These intending appellants are essentially supporting the appellant in M.A.T 468 of 2022 who has been heard in extenso on several dates. M.A.T 486 of 2022 along with the connected applications are accordingly disposed of.

(2.) The aforesaid intending appellants in M.A.T. 486 of 2022 have also taken out an application for being added as respondents in MAT 468 of 2022. For the same reason for which we declined leave to appeal to them, we reject the application whereby the said persons seek to be added as respondents in MAT 468 of 2022.

(3.) The appellant in MAT 468 of 2022 approached the learned Single Judge challenging a motion dated March 3, 2022, brought by the requisite number of members of the concerned Panchayat, for removing her from the office of Pradhan. The appellant/writ petitioner also challenged the notice dated March 7, 2022, issued by the Prescribed Authority under Rule 5B of the West Bengal Panchayat (Constitution) Rules, 1975. The grounds on which the motion and the notice of meeting issued by the Prescribed Authority were assailed, as would appear from the writ petition, were as follows:-