JANANI HANSDA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The legality and/or validity of the notice by which the meeting was requisitioned by the requisitionist members of Ranibandh Gram Panchayat for transacting the business on the agenda for removal of the Pradhan and Upa-Pradhan vide Annexure 'P-13' to this writ petition at page 40, is under challenge in this writ petition, at the instance of one of the members of the said Gram Panchayat.

(2.) Mr. Malay Kumar Basu, learned Senior Advocate, appearing for the petitioner, submitted before this Court that requisitioning of the meeting by the requisitionist members for transacting the business for removal of the Pradhan and Upa-Pradhan vide Annexure 'P-13' to this writ petition is illegal, as the said notice was issued in violation of the provision as contained in the third proviso to section 12 of the West Bengal Panchayat Act, 1973.

(3.) By referring to Annexure 'P-1' to this writ petition, Mr. Basu pointed but that earlier, the requisitionist members of the said Gram Panchayat by their letter dated 4th April, 2005 requested the Pradhan for taking steps for calling a meeting for transacting the business of no confidence against the Pradhan and Upa-Pradhan. Since the Pradhan did not convene any meeting pursuant to such request, the requisitionist members themselves requisitioned a meeting for the said purpose appointing the date on 2nd May, 2005.