SAMIUL ISLAM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This writ application is directed against a notice dated August 26, 2014 of meeting on motion for removal of the petitioner from the Office of Pradhan, Parulia Gram Panchayat, District- Murshidabad (annexure P-3 at page 26 of this writ application). The above notice was issued in accordance with Rule 5B read with Form 1E of West Bengal Panchayat (Constitution) Rules, 1975 (hereinafter referred to as the said Rule, 1975).

(2.) It is submitted by Mr. Amitava Chaudhury, learned Advocate appearing on behalf of the petitioner, that the petitioner was on medical leave from August 11, 2014 to October 11, 2014. According to the petitioner, the copy of motion issued by the requisitionists and the copy of notice of meeting on motion for removal of the petitioner from the Office of Pradhan of the Gram Panchayat under reference were not served upon him.

(3.) According to the petitioner, the impugned actions are not sustainable in law in the light of the provisions of sub-Section (2) of Section 12 of the West Bengal Panchayat Act, 1973 (hereinafter referred to as the said Act, 1973).