SWAPAN KUMAR NAYAK Vs. EGRA MUNICIPALITY

JUDGEMENT

(1.) THIS Appeal is directed against the judgment and order dated 15/3/2007 passed by a learned single Judge in w. P. No. 14246 (W) of 2006 dismissing the Writ Petition. The Writ Petitioner-Appellant (hereinafter referred to for the sake of brevity as the appellant) filed the said Writ Petition challenging an Order dated 5-6-2006 of the chairman, Egra Municipality, Purva midnapore, issued under Memo No. EM 269/removal of V. C.-1/06 whereby and whereunder and in terms of the provisions as contained in Section 21 (c) of the West bengal Municipal Act, 1993, power was sought to be exercised by the said Chairman (Respondent No. 3 herein)for the removal of the appellant from the Office of the vice Chairman of the said Municipality with effect from 6-6-2006. The said Order reads as follows :- <FRM>JUDGEMENT_108_AIR(CAL)_2008Html1.htm</FRM>

(2.) THE facts, as pleaded in the Writ Petition, were, that the appellant was duly elected as a Councillor of the Egra Municipality from ward No. 3 in the general elections which were held on 27-6-2004. Thereafter, the Chairman of the said Municipality (Respondent No. 3) nominated the Appellant as a Vice-Chairman in a meeting of the board of Councillors on 28/7/2004. On the same day i. e. on 28/7/2004, the appellant took oath as the Vice Chairman and started functioning as such. According to the appellant, he performed his duties as vice Chairman sincerely, honestly and without any remarks.

(3.) THE further case of the appellant was that there are 14 Wards in the said Municipality and therefore, 14 Councillors were duly elected in the aforementioned general elections held on 27/6/2004. According to the appellant, 7 (Seven) Seats in the said elections went to the Trinamool Congress, 2 to the Congress and 5 (five) went to the CPI (M ). While the appellant was elected as a Congress candidate, the Chairman of the Municipality (Respondent No. 3) was elected as a Trinamool Congress Candidate.