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1997 Supreme(Cal) 249

RABIN BHATTACHARYYA, NURE ALAM CHOWDHURY
MUSTAKIM HOSSAIN – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
A.ROY, B.BHATTACHARJI, E.BARI, P.ROY

R. BHATTACHARYYA, J.

( 1 ) - The petitioner appellant Mustakim has come up against an order dated 13. 6. 97 passed by the learned trial Judge when the writ application suffered a dismissal on the ground that no bar has been encompassed by the West Bengal Panchayat Act to hold the meeting for removal and adoption of a resolution within six months, by the reason of failure to hold the meeting dated 19. 12. 96 for not been legally convened.

( 2 ) IN the background of the above, it will be unnecessary to give an account of the entire factual exposure of the case save necessary. The Dadpur Gram Panchayat is consisted of 25 members of which the petitioner appellant was the captain of the said Gram Panchayat, namely the Pradhan. However, for the prolonged absence in the meeting of two members in the Gram Panchayat, it bent upon cancellation of the membership.

( 3 ) THE proposal for the removal of the Pradhan, therefore, became a consequential act as the above members flew into rage. The warring groups fell out against each other and went through a spate of litigations to sustain their rival claim. Ultimately, the Director of Panchayat by his Memo No. 777/iii/vp/6a-1/1997 dated 6. 3. 97








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