SANTI RAJAN MIRDHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The three petitioners, elected members of Panjipara Gram Panchayat, Uttar Dinajpur, have questioned the vires of a provision of the West Bengal Panchayat Act, 1973. section 4(2A)(ii).

(2.) Section 4 of the West Bengal Panchayat Act, 1973 speaks of how a village panchayat shall be constituted. Sub-section(l) thereof says,

(3.) The petitioners contend that clause (ii) of sub-section (2A) of section 4 of the West Bengal Panchayat Act, 1973 is ultra vires the provisions of the Constitution of India, Article 243C(2), which is :