GOPAL SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioner, a member of Ranaghat-II Panchayat Samiti, Nadia, is questioning the notice of the Prescribed Authority and Sub-Divisional Officer, Ranaghat dated January 3, 2007 issued under Rule 6 of the West Bengal Panchayat (Constitution) Rules, 1975.

(2.) Twenty-one persons lodged a caveat, and hence order was made by me on January 12, 2007 directing their addition, since they had not been made respondents in the case. In compliance With the order the twenty-one caveators were added as the eighth to twenty-eighth respondents. Name of the twenty-seventh respondent (Mahendra Nath Bagchi) is to be expunged, since, though he was one of the caveators, he was not an existing member of the Samiti at the date the caveat was lodged.

(3.) Hence I order that name of the twenty seventh respondent shall be expunged and that the department shall take necessary steps for the purpose immediately. For record only: there are forty-one seats in the Samiti, and out of them at the date the impugned notice was issued thirty-eight seats were occupied by thirty-eight valid members (including the petitioner and the twenty caveators who have been added as respondents in the case).