UJJAL CHATTERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The propriety of the order dated 29th December, 2005 passed by the competent authority in connection with a proceeding under Section 21B of the West Bengal Municipal Act, 1993 is under challenge in this writ petition.

(2.) The said proceeding was initiated on the basis of the petitioner's application dated 28th November, 2005 wherein a prayer was made for declaring the respondent Nos. 4 and 5 as disqualified for being Councillor on the ground that the said respondents voluntarily gave up their membership of the recognised political party which set up the said respondents for their election as Councillors in the said Municipality.

(3.) Such prayer of the petitioner was rejected by the respondent No. 3 viz., the competent authority on the following grounds :- (i) An incomplete application has been filed by the petitioner. (ii) Petitioner's prayer cannot be allowed due to inconclusive evidence.