NABA KUMAR MANNA Vs. STATE OF WEST BONGAL

JUDGEMENT

(1.) THE petitioner states that the petitioner is a citizen of India and is a tax and rate-payer of the No. 5 Maithana Gram Panchayat and therefore, is vitally interested in its lawful functioning. The petitioner further states that Maithana Gram Sabha could not be constituted under the West Bengal Panchayat Act, 1957 because its constitution was successfully challenged in this. Court and the appointment of an administrator was also challenged by the petitioner in this Court and, therefore, the petitioner claims that the petitioner continues to be, and still is, the President of Maithana Union Board. The petitioner, therefore, states that there is no Maithana Gram Sabha to form the basis of the first election under the West Bengal Panchayat Act, 1973. In a supplementary affidavit filed by the petitioner, affirmed on the 19th March 1979, the petitioner has further stated that by virtue of the operation of section 4 of the Panchayat Act, 1957, the bengal Village Self Government Act, 1919 and the Bengal Local Self Government Act, 1885 continued to operate and Maithana Gram Sabha was not constituted in the eye of law. The petitioner has also taken certain further points which I shall discuss later. In the affidavit of Swadesh Ranjan Bera, affirmed on 29th June 1978 on behalf of the respondent, it has been stated, inter alia, as follows:

(2.) IN support of this petition under Article 226 of the constitution challenging the election to Maithana Gram Sabha held on the 4th day of June 1978, title petitioner has asserted as mentioned hereinbefore that there was no Maithana Gram Sabha under the West Bengal Panchayat Act, 1957 and, as such there was no constituency for the first election for the same Gram Sabha under the west Bengal Panchayat Act 1973. In order to appreciate this contention, it is necessary to refer to the provision of section 4 of the West Bengal Panchayat act 1957 which provides inter alia as follows :

(3.) IN column 3 of Schedule I the acts mentioned, inter alia, are certain provision of the West Bengal Local Self-Government Act, 1885 and the entire act of the Bengal Village Self-Government Act, 1919. It is also necessary in this connection to refer to the relevant provisions of section 3 of the west Bengal Panchayat Act 1973, which provides as follows :