PURINA CHANDRA HALDER Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) IN thismatter the petitioners have prayed for issuance of a writ in the nature of mandamus commanding Sri Panchkari Haldar and Sri Kasinath Mondal respondents nos. 5 and 6 to withdraw the membership from Indran Gram Panchayat with a declaration that their nomination was invalid and their election that was held on 31. 5. 83 was violative of Section 8 of West Bengal Panchayat (Election)Act, 1973.

(2.) THIS Court on 5th of October, 1983 issued a rule calling upon the opposite parties which include District Magistrate as well as the District Panchayat Election and Block Development Officer to show cause why a writ should not be issued in the nature of mandamus for cancellation of the said election referred to above.

(3.) THE case of the petitioners is that they were the candidates of election of indran Gram Panchayat as the respondents nos. 5 and 6 Panchkari Haldar and kasinath Mondal were. At the time of filing of the nomination papers the said sri Haldar and Mondal (respondents nos. 5 and 6) suppressed the fact that they were the employees of Gobindapur mon-Formal Sikhya Sibir and used to receive a monthly salary for their service and after being declared as members of the Indrani Gram Panchayat the petitioners came to learn from the office of the respondent no. 4 Block Development Officer that respondents nos. 5 and 6 did not render resignation which they should have as in such a case they were disqualified to contest the said election under section 8 (2) of the West Bengal panchayat Act, 1973.