PRATIMA GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present writ petition has been filed, inter alia, praying for quashing of the show-cause notice dtd. 19/12/2025 and the order dtd. 21/1/2026 passed by the Government of West Bengal in exercise of powers conferred under Sec. 431(1) and (2) of the West Bengal Municipal Act, 1993 (hereinafter referred to as the said Act ). The petitioners also seek to challenge the order dtd. 21/1/2026 appointing the Sub-Divisional Officer, Kharagpur as Administrator consequent to the dissolution of the Board of Councillors of Kharagpur Municipality and to take over the charge of the municipality in terms of Sec. 431(3) of the said Act.

(2.) The petitioners claim to be the elected councillors of Kharagpur Municipality in the district of Paschim Medinipore pursuant to election held in the year 2022. According to the petitioners on 19/12/2025, a show-cause notice was issued by invoking powers under Sec. 431(1) of the said Act. Though a response was filed dealing with the points noted in the show-cause, the order dtd. 21/1/2026 was passed, thereby dissolving the Board of Councillors and by a further order of even date an Administrator was also appointed to take charge of the affairs of the municipality.

(3.) Mr. Bhattacharyya, learned senior advocate appearing for the petitioners in support of the writ petition has drawn attention of this Court to the provisions of Ss. 430 and 431 of the said Act and would submit that the aforesaid exercise of powers by the State is not in accordance with the aforesaid provisions of the said Act and the Rules framed thereunder.