ASHA LATA BARMAN Vs. STATE OF W B

JUDGEMENT

(1.) A requisition dated 23rd July, 2004 signed by 9 out of 17 members of the Panchayat was served upon the pradhan asking her to convene a meeting for her removal on the ground that she had lost confidence of the members, Challenging the aforesaid requisition the present writ petition has been filed for a declaration that the said requisition dated 23rd July, 2004 is non est in the eye of law; for a consequential order quashing the same.

(2.) Mr. Sikdar, learned Advocate appearing in support of this writ petition made the following submissions:- (a) A combined notice of no-confidence and removal is not permissible under Section 12 of the West Bengal Panchayat Act, 1973.

(3.) In support of his submission he relied on a judgment of this Court in the case of Ratikanta Giri v. State of West Bengal & Others reported in 98 CalWN 989 : (b) It was submitted that the judgment cited by him is binding on this Court and in support of this proposition he cited another judgment of the Apex Court in the case of Vrajlal Ratilal v. Shah Balu Ben, reported in 2001 (5) SCC 179.