GOLSAN BIBI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE legality of the notice dated 8th September, 2006, issued by the eleven out of seventeen members of Hizole Gram Panchayat being Annexure P-3 to this writ petition by which a requisitioned meeting was convened for selection of Pradhan under section 213b (2) (b) of the West Bengal Panchayat Act, 1973 is under challenge in this writ petition.

(2.) THE Pradhan of the said Gram Panchayat was placed under suspension under section 213b of the said Act, with effect from 13th January, 2005 as he was detained in police custody in connection with a criminal proceeding for a period exceeding forty-eight hours.

(3.) PURSUANT to the order passed by the prescribed authority on 13th January, 2005 being Annexure P-1 to this writ petition, the Upa-Pradhan took over the charge of Pradhan on 13th January, 2005 and since then she has been discharging the functions and duties of the Pradhan. The prescribed authority, in its said order dated 13th January, 2005, directed the Upa-Pradhan to discharge the functions of the Pradhan until Pradhan resumes his charge and if situation so arises.