NASIR HASSAN Vs. RENUKA KHATUN BIBI

JUDGEMENT

(1.) The Appeal is at the instance of Nasir Hassan, the respondent No.6 in the writ petition. The Appellant claims to be as a "leader" under the provisions of section 213A(3) of the West Bengal Panchayat Act, 1973 (hereinafter referred to as said Act). The Appellant assails a portion of an order dated 30th Jan., 2019 by which WP No.1407(W) of 2019 (Renuka Khatun Bibi -Vs- The State of West Bengal & Ors.) was finally disposed of. By the said order, the learned Single Judge had set aside the order of disqualification of Renuka Khatun Bibi, the writ petitioner, made under the provisions of section 213A(1)(a)(ii) of the said Act by the District Panchayat and Rural Development Officer, Cooch Behar being the Appellate Authority under the provisions of section 213A(12) of the said Act. The writ Petitioner is the respondent No.1 in the instant appeal. The respondent Nos. 2 to 5 are the respectively the State of West Bengal, the Director of Panchayat and Rural Development Department, West Bengal, being the Appellate Authority and the Block Development Officer, Dinhata-I Block being the Prescribed Authority (under the provisions of section 213A(1) of the said Act). The respondent No.6 is the Okrabari Gram Panchayat being the concerned Panchayat in which the respondent No.1/writ petitioner has been elected as the Pradhan.

(2.) The facts of the case for the convenience of understanding is briefly set out hereunder:-

(3.) Before the Prescribed Authority, the Appellant submitted that by a letter dated 25th Aug., 2018, the elected members affiliated to AITC were informed about the decision to vote in favour of Rahenea Bibi as "Pradhan" and Sahiruddin Miah as "Upa-Pradhan". Renuka, Prithwish and Popi have violated the same which amounts to voting contrary to the manner of voting of the majority members of AITC. The Prescribed Authority found that the contents of the letter said to have been issued on 25th Aug., 2018 was not clear. The service of the said letter dated 25th Aug., 2018 on Renuka Khatun, Prithwish and Popi whatever may be the contents thereof was not proved. In the absence of such voting pattern of the majority being made known to either Renuka or Prithwish or Popi such members, according to the Prescribed Authority cannot be said to have the knowledge of the fact that the elected members affiliated to AITC had decided to vote in favour of Rahenea Bibi as Pradhan and Sahiruddin Miah as Upa-Pradhan. According to the Prescribed Authority in absence of such knowledge it cannot be said that the said 3 persons had "exercised the voting right contrary to the manner of the voting of the majority members set up by such recognized political party in such Panchayat".