MADHUMITA BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) I have had the benefit of going through the draft judgement prepared by my learned Brother Judge. Without any hesitation I agree with His Lordship's findings and ordering portion of this judgment. However, in order to supplement to the reasoning given by His Lordship I think I should express of my own.

(2.) IN this appeal, as rightly called out by His Lordship, the point involved is as to whether the provisions of second proviso to section 105 of the West Bengal panchayat Act, 1973 for calling requisition meeting by the requisitionists, upon failure of Sabhapati of a Panchayat Samiti giving "seven clear days' notice" to the Sabhapati and all members is mandatory or directory in nature.

(3.) HIS Lordship has quoted entire portion of section 105. Thus, I need not set out again in its entirety. Only setting out of the proviso portion is good enough for my purpose: