EUNAS ALI MOLLA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This order is directed against the order passed by the learned trial Judge dated 17.6.97 in connection with W.P. No. 371 of 1997.

(2.) The matter could be disposed of by a short order. However, for the ends of justice and the law being involved in the controversy, we think it in our wisdom to give a brief history of the case.

(3.) The factual exposure may afford to give us the appreciation of the issue involved. The petitioner filed a writ application in the writ forum claiming himself to be the Pradhan of Kolapota Gram Panchayat, P.O. Kolapata 24 Parganas (North). The Panchayat consisted of 21 members which included amongst other the Pradhan who was elected as Pradhan on the basis of majority of votes. According to the petitioner, the law does not provide under the Panchayat Act to convene or summon a meeting of the Pradhan or the Upa-Pradhan within one year after they are elected. Since he was elected on 3.4.96, it will not be legitimate to convene a meeting for his removal come what may. The members do not enjoy any power or right overriding section 12 of the Act. It is an asylum for the Pradhan or Upa-Pradhan till the year terminates. They are demanding a latitude expressly barred by the Statute.