SIKHARANI BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) INSTANT appeal has been preferred at the instance of the writ petitioner assailing the judgment and order dated 26th November, 2008 passed by a learned single Judge of this court whereby and whereunder the said learned Judge dismissed the writ petition on merits.

(2.) THE appellant herein filed the writ petition challenging the validity and/or legality of the notice issued by the Panchayat Returning Officer and block Development Officer, Ranaghat-I Development Block under Memo No. 2616 (5)dated 22nd May, 2005. The appellant herein was a candidate in the last Panchayat election for the post of Member, Gram Panchayat in Khisma/vi-8 constituency. The aforesaid election in respect of the concerned Gram Panchayat was held on 21st may, 2008. The appellant herein claimed that the Counting officer declared the said appellant as a winning candidate but the Panchayat Returning Officer and block Development Officer, Ranaghat-I Development Block by the aforesaid Memo dated 22nd May, 2008 cancelled the certificate issued by the counting officer in favour of the said appellant. The aforesaid notice issued by the Panchayat returning Officer and Block Development Officer, Ranaghat-I Development Block under Memo dated 22nd May, 2008 is set out hereunder: <FRM>JUDGEMENT_207_TLCAL0_2009Html1.htm</FRM> The learned Single Judge, however, observed that the actual issue raised in the writ petition relates to the dispute in connection with the election of a gram Panchayat although the appellant challenged the validity of the impugned memo dated 22nd May, 2008 issued by the concerned Panchayat Returning Officer and Block Development Officer, Ranaghat-I Development Block as well as the authority of the said Panchayat Returning Officer to cancel the certificate issued by the concerned counting officer by the said notice dated 22nd May, 2008.

(3.) RELYING on the various decisions of the Supreme Court and also considering the provisions of the Panchayat Act and Clause (b) to Article 243-O of the constitution of India the learned Single Judge, however, arrived at the conclusion that the writ petition is not at all maintainable since the dispute raised in the writ petition relates to the cancellation of the winning candidate.