FAKARUDDIN MALLICK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this application, the petitioner has inter alia prayed for issaunce of a Writ of or in the nature of Mandamus directing the respondents not to give effect to the impugned notice being Memo No. 7116(6) dated 14-6-95 directing the petitioner to make over charge of his office to the Upa-Pradhan.

(2.) The fact of the matter lies in a very narrow compass. The petitioner is the Pradhan of Basantapur Gram Panchayat. On 8-5-95 ten members of the said Gram Panchayat served a notice upon him requiring him to hold a meeting within 15 days from the date of receipt thereof so as to enable the members to consider the question of his removal. The petitioner received the said notice on 9-5-95. The petitioner by a notice dated 22-5-95 intimated to all concerned that a meeting would be held on 14-6-95 at 2.30 p. m. for discussing the question of no confidence as against the Pradhan. The requisitionists thereafter issued a notice on 26-5-95 intimating to all concerned that a meeting shall be held on 5-6-95. The said notice is contained in Annexure E to the writ application. In a meeting held on the said date, a resolution for removing the Pradhan was passed; where after the impugned Memo dated 14-6-95 was issued.

(3.) Mr. A. B. Chatterjee, learned Advocate appearing on behalf of the petitioner, has raised two contentions in support of this application. The learned counsel firstly submitted that an application was filed by the petitioner in terms of Sec. 11 (1) (d) of the West Bengal Panchayat Act, 1973 (hereinafter called and referred to for the sake of brevity as the said Act) and as the said matter is still pending before the S. D. O. the concerned member could not be participated.