RAHAMAT SANPUI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE issue revolves round the question as to whether an elected Pradhan can be removed pursuant to the adoption of resolution of no confidence motion against him in a meeting which has been specifically convened to consider the issue as to whether Pradhan enjoys the confidence of house. In the aftermath of the Panchayat Election held in the month of June, 2008, the writ petitioner was elected as Pradhan of Netra Gram Panchayat. On 29/06/09 the writ petitioner received a requisitioned notice signed by the respondent nos. 3 to 9, whereby he had been intimated that the requisitionists had lost their confidence in him. Accordingly, request was made to the Pradhan to take confidence of the gram Panchayat by convening a meeting of the aforesaid Gram Panchayat. Pursuant to such notice, the writ petitioner as Pradhan called a meeting to discuss the issue as to whether Pradhan did have confidence of the members of the gram Panchayat. 14/07/09 was fixed for discussion of the agenda. In the aforesaid meeting the agenda as to whether the members had confidence in the Pradhan was duly taken up, with all the members of the Gram Panchayat participating in it. The issue of confidence in the Pradhan was decided through secret ballot. No confidence against the Pradhan was adopted in view of the seven members supporting the motion of no confidence, as against six members expressing their confidence in the Pradhan. The resolution so adopted was forwarded to the Prescribed Authority in terms of the provision of the Act.

(2.) ACTING as prescribed authorities, the Block Development Officer vide memo no. 1338 dated 20/07/09 directed the Pradhan to hand over the charge of the office to the Upa Pradhan of the Gram Panchayat with immediate effect in view of his removal from the post of Pradhan by the majority of the members of the Gram panchayat.

(3.) CALLING the action of the Gram Panchayat, which has been endorsed by appropriate authorities, as contrary to the provisions laid down in Section 12 and 16 of the West Bengal Panchayat Act. Mr. Kalyan Bandopadhyay, learned senior advocate, has submitted that an elected Pradhan can only be removed strictly in terms of the procedure laid down in Section 12 and 16 of the Panchayat Act. It is argued that unless and until a specific resolution being adopted by removal of the pradhan by the majority of the concerned Gram Panchayat, no order for removal of the Pradhan can be issued.