P. K. SAMANTA, J.

( 1 ) A question that was decided by the learned single Judge in a case reported in 99 CWN, 427 (Menoka Halder and Others v. State and Ors.) requires answer afresh by the Division Bench of this Court for the reasons stated hereinafter.

( 2 ) TO appreciate the question which arises out of the facts of this case must necessarily be stated. The writ petitioner is the Prodhan of Mitrapur Gram Panchayat. This Gram Panchayat has in all 18 members divided in two groups of different political parties. It is not in dispute that 1/3rd of the members of the said Gram Panchayat by a letter dated 27th of April, 2000 requested the writ petitioner, Prodhan, for convening a meeting as per section 12 read with section 16 of the West Bengal Panchayat Act, 1973 for consideration of a resolution of no confidence against the Prodhan. It is also in dispute that the writ petitioner pursuant to the said requisition notice dated 27th April, 2000 did not call a meeting in compliance with the second proviso to section 16 of the said Act within the time prescribed therein. Consequently, the requisitionsts by a notice dated 20. 5. 2000 convened a meeting on 30. 5. 2000 for passing a resolut

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