LAWS(CAL)-2007-9-54

UPANANDA CHATTERJEE Vs. STATE OF WEST BENGAL

Decided On September 07, 2007
UPANANDA CHATTERJEE Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) THIS mandamus appeal is at the instance of an unsuccessful writ petitioner and is directed against an order dated July 24, 2007 passed by a learned Single Judge of this Court by which His Lordship dismissed the writ application filed by the appellant.

(2.) THE facts giving rise to filing of the writ application out of which the present mandamus appeal arises may be epitomised thus.

(3.) THE appellant was the Pradhan of a Gram Panchayat. On June 1, 2007, several members of the Panchayat issued a notice asking him to convene a meeting for discussion on the issue of "no confidence" and his consequent removal from the office of the Pradhan. The appellant did not summon a meeting in response to such notice within 15 days in terms of the requirement of the West bengal Panchayat Act. In view of such refusal on the part of the appellant, the requisitionists called a meeting on June 29, 2007, vide the notice dated June 21, 2007 for holding the same in the office of the Gram Panchayat at 11. 30a. m. The grievance of the appellant was that he was not served with any notice of the aforesaid meeting due to be held on June 29, 2007 and accordingly, on June 27, 2007, he came up with the writ application thereby praying for restraining the requisitionists from holding any meeting on June 29, 2007.