DIPTENDU BIKASH BAIRAGI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioners filed this writ petition for the following reliefs :

(2.) The petitioners case in a nutshell is as follows:

(3.) Accordingly on 12th July, 2019 three councillors wrote to all councillors including the Chairman, Vice Chairman for holding an extraordinary meeting under Rule 9 (3) (b) (iii) of the West Bengal Municipalities (Procedure and Conduct of Business) Rules, 1995. By the said letter the councillors were requested to be present at the Bibhuti Bhushan Bandopadhyay Adhibesab Kakshya at Bongaon Municipality on 16th July, 2019 at 3 P.M. to vote against or in favour of "No-Confidence Motion" under Presidentship of 3 councillors viz. Himadri Mondal, Manatosh Nath and Diptendu Bikash Bairagi. Accordingly on 16th July, 2019 under the Presidentship of Himadri Mondal meeting for "NoConfidence Motion" was conducted at about 3:45 P.M. at the office of the Executive Officer and not at Adhibeshan Kakshya. It was recorded in the resolution book that although the petitioners came within time to participate in the meeting but the petitioners were prevented by the police personnels to attend the meeting and were detained for about 40 minutes whereafter they were allowed to enter the Municipal premises. As the Adhibesan Kakshya was under lock and key, the petitioners were compelled to conduct the meeting at the office of the Executive Officer where all the 11 councillors by raising their hands suported the 'NoConfidence Motion'. Accordingly 'No-Confidence Motion' was passed and as there was no other Agenda, save and except the 'No-Confidence Motion', the meeting was concluded. Thereafter SDO, Bongaon, North 24-Parganas was informed by 11 councillors vide letter dated 16.7.2019 as to the passing of the 'No-Confidence Motion'.