HARAN CHANDRA GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In the instant writ application the petitioner who was admittedly elected Pradhan of Madral Panpur Gram Panchayet (hereinafter referred to as the said Gram Panchayet) has challenged the notification dated 16th October, 1995, being No. 2364/PN/O/I/1P-3B/87. The aforesaid notification has been issued purportedly in exercise of power under section 3(d) of the West Bengal Panchayet Act 1973 after considering the situation arising out of inclusion in the neighbouring Municipality of part of the area of the Gram concerned mentioned therein and after making due enquiry and on consulting the views of the Gram Panchayet concenned, uniting the areas of Madral Panpur and Narayanpur Grams and constituting the new Gram Panpur-Keutia. It was further directed in the said notice that subject to the cessation of membership under section 197B of the West Bengal Panchayet Act 1973, the members holding offices in the Gram Panchayet for the Gram so united shall continue to hold their respective offices in the Gram Panchayet for the constituted Gram for the unexpired portion of their terms of offices.

(2.) The petitioner has prayed for quashing of the notices issued in Form No. (I) under West Bengal Panchayet (Constitution) Rules 1975 giving notice for electing a Pradhan and Upa-Pradhan of the newly constituted Gram.

(3.) The petitioner was elected as a Pradhan of the Madral Panpur Gram Panchayet and such fact is not disputed.