MADHAI CHANDRA MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner is challenging the order dated Oct. 24, 2016 issued vide Memo No. 2320-A (21/BDB/2016) by the prescribed authority removing him from the post of a Pradhan of Dhapdhapi-II Gram Panchayat with immediate effect and to hand over the charge to Upapradhan within five days from the date of issuance of the said letter.

(2.) Indubitably, the petitioner was elected as nominated candidate of Communist Party of India (Marxist) and was later on elected as the Pradhan of the said Gram Panchayat. The said Gram Panchayat consists of 13 members out of which 7 members were elected as nominated candidates of the CPI(M) and the rest belong to All India Trinamool Congress (TMC). A notice dated Sept. 27, 2016 was issued by the prescribed authority, which was received by the petitioner on the next date whereby and where under the petitioner was notified that a meeting of the said Gram Panchayat was scheduled to be held on Oct. 21, 2016 at 2 PM. The prescribed authority issued the said notice as 7 members expressed their No-Confidence against the petitioner which includes one of the members elected as nominated candidate of CPI(M).

(3.) A disqualification petition was filed to the prescribed authority on Oct. 4, 2016 by the leader of the said political party in the Panchayat on Oct. 4, 2016. Since, no action was taken on disqualification petition, the petitioner moved a writ petition being WP 24537(W) of 2016 before this Court. On Oct. 18, 2016, the writ petition was disposed of directing the prescribed authority to dispose of the said petition within a period of one week from the date of the communication of this order which was communicated to the Block Development Office on Oct. 19, 2016. In absence of any restraint from conducting the meeting on Oct. 21, 2016 the said meeting was held at the scheduled place and the petitioner and his other nominated candidates casted their votes. The petitioner alleges that though they reached the place in scheduled time but was surprised to find that the other members belonging to the other political party including the disqualified member already casted their votes and were not present thereat.