PRADHAN KALABANI GRAM PANCHAYAT Vs. PRAMILA MANDI

JUDGEMENT

(1.) HEARD the learned Advocates appearing for the parties.

(2.) CHALLENGING the judgment and order dated 8th April, 2008 passed by the learned trial Judge in W. P. No. 16177 (W) of 2007 this appeal has been preferred by the respondents of the writ application.

(3.) BY the impugned judgment under appeal, the learned trial Judge disposed of the writ application directing that so long there would be no resolution in the Panchayat meeting in terms of the Government Order no. 21755/cell-VI/panch/l)-2/81 dated 15th June, 1981 there would not be any change of site and office of the Gram Panchayat. The said government Order as relied upon by the learned trial Judge was relating to construction of permanent Panchayat ghar under a scheme. The writ petitioners challenged the notice convening a meeting fixing the venue at new Panchayat office at Kalabani being the notice dated 26th June, 2007 annexed at page 48 of the paper book. It was the case of the writ petitioners who are five in number out of total thirteen members of the Gram Panchayat (one member died) that out of total eleven members present in the meeting dated 15th June, 2007 by a majority decision that is 6:5, it was resolved to shift to shift the Panchayat office/ghar from Talabani to Kalabani. The writ petitioners opposed such resolution taken in the meeting. Along with those five writ petitioners who objected about such change of Panchayat office/ ghar, another member, Smt. Pratima Mahato joined in the writ application. In the reply of opposition it was contended that there was no agenda in the notice convening the meeting about change of Panchayat ghar/office. It was the further contention that the writ petitioner, Smt. Pratima Mahato was absent on the particular date that is on 15th June, 2007 when the resolution was taken for such change. She was served with a notice whereby there was no such agenda for discussion of change of Panchayat ghar/office. The notice dated 7th June, 2007 also has been annexed at page 91 of the paper book.