SANAULLAH SK. Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The dispute in this writ petition is in relation to the proposal for removal of the Pradhan of Begunbari Gram Panchayat under Beldanga-1 Panchayat Samity in the district of Murshidabad. The twelve petitioners before me claim to be elected members of that Gram Panchayat. On 24th December, 2014, they addressed a communication to the prescribed authority, being the Block Development Officer of Beldanga Block 1 requiring him to take appropriate step for removal of the Pradhan, who is respondent No. 7 in this writ petition. This notice was issued in accordance with sub-section (2) of section 12 of the West Bengal Panchayat Act, 1973. That notice, it appears, suffered from a defect in that the party affiliation of the signatories was not disclosed therein. Subsequently a fresh notice was issued on 29th December, 2014 by the requisitionist members. The prescribed authority convened the meeting by issuing a memorandum dated 30th December, 2014 and that meeting was scheduled to be held on 7th January, 2015. The respondent No. 7 had brought an action before this Court in the form of a writ petition which was registered as W.P. 35(W) of 2015 (Allah Rakha Sk. vs. State of West Bengal & Ors.) seeking invalidation of the requisition notice on the ground that the said notice carried stigmatic allegations against the writ petitioner therein and was not a notice expressing "lack of confidence" simpliciter.

(2.) The respondent Nos. 6 to 17 in that writ petition, who are writ petitioners in this proceeding in course of hearing of that writ petition submitted that they would not press the requisition notice considering the defect involved in the notice in question. That writ petition was disposed of by this Court, holding inter alia:-

(3.) On 9th January, 2015 the writ petitioners sought to bring a new motion for removal of the respondent No. 7 by requiring the prescribed authority to convene a fresh meeting on the ground that they had lost confidence on the respondent No. 7, being the present Pradhan. Under the provisions of sub-section (12) of section 12 of the West Bengal Panchayat Act, 1973, there is a bar on convening a meeting for removal of the Pradhan or Upa-Pradhan within a specified time limit. On 9th January, 2015, the date on which the motion was sought to be initiated by the requisitionist members, the said provision, as applicable provided:-