RITESH PORTEL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellants before us are the Chairman and the Vice-Chairman of the Darjeeling Municipality. The appellants are aggrieved by an order passed by the First Court dtd. 26/12/2022 in a writ petition filed by the appellants. The writ petition of the appellants was dismissed by the impugned order on the ground that the writ petition was devoid of merit.

(2.) The writ petition was filed by the appellants for a direction on the respondents in the writ petition for restraining a meeting convened on 28/12/2022 for removal of the Chairman (writ petitioner no. 1/ appellant no. 1). The private respondent nos. 6 - 21 before this Court are the Councillors of the Darjeeling Municipality, who requisitioned the meeting dtd. 28/12/2022 for removing the Chairman / appellant no. 1.

(3.) According to the appellants, the Resolution dtd. 28/12/2022 taken by the Councillors of the Darjeeling Municipality is contrary to the provisions of The West Bengal Municipal Act, 1993 read with The West Bengal Municipalities (Procedure and Conduct of Business) Rules, 1995. Counsel submits that the learned Single Judge misconstrued the provisions in the Act and the Rules and erred in dismissing the writ petition.