ROYHAN Vs. CHAMATKAR MALITYA

JUDGEMENT

(1.) BY this application the appellant-petitioners want to have the interim order dated 19. 10. 84, as issued by Prabir Kumar Majumdar, j. in the concerned Civil Order, stayed and also for necessary directions on the opposite parties concerned to hold the bye-election of 8 No. Bali IT Gram Panchayat P. S. Nawda, District Murshidabad (hereinafter referred to as the said panchayat ). There was another prayer to hold a meeting on 16. 11. 84, which in view of our order dated 12. 11. 84, has been held, with some restrictions regarding the publication of. the results.

(2.) ADMITTEDLY, the appellant-petitioners and opposite party Nos. 1-4 before us, were and are elected members of the said Panchayat, which is composed of 10 members. It is also an admitted fact that after the election to the said Panchayat, opposite party Nos. 2 and 1 respectively, were elected as Pradhan and upa Pradhan, According to the petitioners, the Pradhan had lost the confidence of the majority and as such, a no-confidence motion, which was brought against him for the concerned charges, was duly passed.

(3.) IT has been alleged on suppression of such fact, the said Pradhan moved and obtained CO. 434 (W) of 19s3 and the: said Civil Order was rejected, after hearing the appellant-petitioner herein, who had intervened in that proceeding. It has been stated, on such removal of the Pradhan, the Upa Pradhan took charge of the Office of the Pradhan, but strangely enough, he had also started misusing the power of the office. It has been categorically claimed that the said upa Pradhan, after becoming the Pradhan in the manner as indicated above, started acting on the dictates of the outgoing Pradhan. In fact, various allegations against him and his conduct lave been indicated and mentioned in the petition and there was a specific allegation, that in spite of due requisition given to him repeatedly and specific directions by the appropriate Authorities, he had not convened a meeting for the purpose of holding the bye-election of the Pradhan.