EMAMUL HAQUE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS mandamus appeal is at the instance of unsuccessful writ petitioners and is directed against the order dated september 10, 2007 passed by a learned Single Judge of this Court by which his Lordship dismissed the writ application filed by the appellants in which the appellants challenged a notice of requisition of the removal of a Pradhan of a Gram Panchayat by relying upon the second proviso to section 12 of the West bengal Panchayat Act, 1973 on the ground that such requisition having been initiated within one year from his election, the same was invalid.

(2.) THE learned Single Judge by the order impugned herein refused to accept the contention of the appellants in view of the two decisions of a Division Bench of this Court, one, in the case of Eunas Ali Molla vs. State of West Bengal and ors. , reported in 1997 WBLR (Cal) 275 and the other, in the case of Mustakim hossain vs. State of West Bengal and Ors. , reported in 1997 (2) CHN 180. In the said decision of Eunas Ali Molla (supra), a Division Bench of this Court after considering the provision under section 12 of the Act came to the conclusion that the added proviso to section 12 should be ignored being inconsistent with the main provision of the section. The said Division Bench took the same view in the other case mentioned above.

(3.) THRE learned Single Judge although did not agree in principle with the reason given by the Division Bench in the case of Eunas Ali Molla (supra), yet followed the same for maintaining the judicial propriety and discipline.