KITABUDDIN SEIKH Vs. DAUD HOSSAIN & ORS.

JUDGEMENT

(1.) This is an appeal directed against the judgment dated 11th April, 1994, passed by a learned Judge of this Court on an application under Art. 226 of the Constitution, taken out by one Daud Hossain, the respondent in this appeal, for cancellation of the requisition meeting dated 16th Feb., 1994, as also the notice dated 4th Feb., 1994, being Annexure 'E' to the writ petition. The learned Judge allowed the said application and quashed the resolution adopted at the meeting dated 16th Feb., 1994. The learned Judge by the said order under appeal also directed that the said order would not prevent the members of the Gram Panchayat from proceeding afresh for removal of the Pradhan. Kitabuddin Seikh, the respondent No. 13 in the writ proceeding, one of the members of the Sujapur Gram Panchayat has preferred this appeal being dissatisfied with the said order under appeal dated 11th April, 1994. The respondent Daud Hossain challenged the resolution of the said meetings inter alia, contending before the Trial Court that the notice convening the meeting was in violation of the provisions of Sec. 16 of the West Bengal Panchayat Act, 1973 (hereinafter referred to as the Act), and, accordingly the meeting and the resolution adopted therein were void and could not be given effect to. It was also contended on behalf of the writ petitioner before the Trial Court that there was no proper notice or resolution for removal of the respondent - writ petitioner as Pradhan of said Sujapur Gram Panchayat, Kaliachak-I Panchayat Samity, District Malda.

(2.) The case of the writ petitioner as made out in the writ petition is that suddenly a notice of requisition meeting dated 4th Feb., 1994 was served on the writ petitioner by the requisitionists requesting a meeting in connecting with the no confidence against the writ petitioner as Pradhan of the said Sujapur Gram Panchayat.

(3.) The appellant contended before the Trial Court that all the members have been duly served within the prescribed time and in any event, since the writ petitioner had been removed by a majority of the members of the Gram Panchayat, a meeting of the Gram Panchayat could be convened to ascertain the support of me members of the Gram Panchayat for the newly elected Pradhan. It was also the case of the appellant before the Trial Court that he has been duly elected as Pradhan after removal of the writ petitioner as Pradhan of the Sujapur Gram Panchayat.