BIRENDRA NATH JANA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioners, who claimed to be residents and tax payers and some of whom are also office-bearers of Gram Panchayats and anchal Panchayats under Dhandalibarh anchal Panchayat (hereinafter referred to as the said Panchayat), have impeached in this Rule an action of the respondents Nos. 1 to 3 in having the name of the said Panchayat as referred to hereinbefore changed to debenrda Anchal Panchayat.

(2.) ADMITTEDLY, under section 25 (2)of the West Bengal Panchayat Act, 1957 (hereinafter referred to as the said Act) and which is to the following effect : section 25 (2) : the State Government shall in the notification specify the names of the territorial limits of the anchal Panchayats; the State Government is the authority who can specify the name and territorial limits of the Anchal panchayats in question and after the necessary notification in terms of section 30 of the said Act, which is to the following effect : every Anchal Panchayat shall by the name notified under section 25 be a body corporate having perpetual succession and a common seal and shall, subject to the restrictions or qualifications, if any, imposed under this Act or under any other law for the time being in force, have power to accept a gift of, acquire, hold, administer and transfer property both movable and immovable and to enter into any contract or do all things necessary for the purposes of this act, and shall by the said name sue and be sued; anchal Panchayats become body corporate, having perpetual succession and a common seal and have the power to accept a gift or acquire, hold, administer and transfer properties both movable and immovable and to entertain any contract or to do all things necessary for the purposes of the Act and shall by name sue and be sued.

(3.) THE point involved in this case is that, once the same of such an anchal Panchayat is notified and thereafter the said Panchayat become a legal entity, whether such name as notified can be changed and the specific submissions of Mr. Bhunia, appearing in support of the rule is that, the change of the name of the said Anchal Panchayat to Debendra Anchal Panchayat was illegal, irregular and unauthorised.