BIBI NAJBA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) SHORT history of the dispute leading to these writ petitions : Three writ petitions are pending between the same set of parties involving common dispute. First of such writ petitions being W. P. No. 25204 (W) of 2006 was filed by the Pradhan of Sahapur -I Gram Panchayat under Goalpokhar-II Panchayat samity. In the said writ petition, the petitioner has challenged the legality of the notice dated 14th November, 2006 by which the requisitionist members convened a requisition meeting to be held on 23rd November, 2006 for transacting the business on the agenda of removal of Pradhan.

(2.) THE bone of contention of the petitioner in the said writ petition was that since pursuant to the request made by those requisitionist members on 27th October, 2006, the Pradhan herself convened a requisition meeting to be held on 30th November, 2006, the notice by which a requisition meeting was convened by the said requisitionist members even before expiry of the statutory period within which the Pradhan was required to convene such meeting, is illegal being contrary to the provision contained in the second proviso to section 16 of the West Bengal Panchayat Act, 1973.

(3.) THE said writ petition was earlier disposed of by this Court on 22nd November, 2006 wherein it was held that since the Pradhan convened the requisition meeting within the time as prescribed under the second proviso to section 16 of the said Act, the right to convene the said meeting by the requisitionists did not mature as the second proviso to section 16 of the said act provides that if the Pradhan fails to convene the requisition meeting within the time as prescribed in the said proviso, the right of the requisitionists to call the meeting matures. Under such circumstances, this Court held that the notice issued by the requisitionists for holding the said meeting on 23rd November, 2006 cannot be acted upon. The impugned notice dated 14th November, 2006 issued by the said requisitionist members was thus quashed, but a direction was given for holding a meeting on 30th November, 2006 as per the notice issued by the Pradhan on 8th November, 2006. It was further clarified therein that the agenda regarding removal of the Pradhan will be taken up for consideration in the said meeting though in the notice it was mentioned that no confidence motion upon the Pradhan will be discussed.