SAYED ALI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) BOTH the appeals were taken up together as the order impugned in these two appeals is the same one being order dated 17th November, 2009 passed by a learned Single Judge of this Court in W. P. No. 18234 (W) of 2009 by which His lordship allowed the writ-application by passing a direction for holding a fresh meeting for the removal of the Pradhan on 22nd December, 2009 at 12:00 hours in the office of the Gram Panchayat with a direction upon the Requisitionists to serve fresh notice upon all the members through Registered Post with acknowledgement due card with the intimation of the scheduled meeting for removal of the Pradhan.

(2.) BEING dissatisfied, the Pradhan has preferred M. A. T. No. 1223 of 2009 while the Requisitionists have preferred the other appeal being AST 1038 of 2009.

(3.) THE following facts are not in dispute: in the concerned Gram Panchayat, the total number of members is 17 and 10 out of those members were dissatisfied with the conduct of the Pradhan and as such, they sent a notice to the Pradhan with a request to him to convene a meeting to discuss the issue of his removal from the post of the Pradhan. Consequently, the Pradhan fixed a date to discuss the issue and issued notice of the said meeting called by him. The majority members of the Panchayat did not attend the said meeting, as a result, the proposal of his removal was turned down by a meagre number of members present in the meeting. Challenging such action on the part of the Pradhan as illegal, the Requisitionists, in the past, filed another writ-application being W. P. No. 15397 (W) of 2009. A learned Single Judge of this Court allowed such writ-application by quashing an order dated 10th august, 2009 issued by the Secretary, Kapasia Gram Panchayat and the purported resolution taken on 17th August, 2009 with a direction that the meeting to discuss the issue of removal of the Pradhan was to be held afresh on 29th september, 2009 at 12:00 hours at the same venue. It appears that on 29th september, 2009 a meeting was held where 10 Requisitionists attended the meeting whereas the remaining 7 members did not appear and in that meeting, the resolution of the Requisitionists for the removal of the Pradhan was unanimously passed.