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2010 Supreme(Cal) 1186

N.PATHERYA
Sk. Mor Salim – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
Bikash Kumar Mukherjee, Sourav Kr.Mukherjee, Susanta Mukherji, Sonali Bhar, Manick Chandra Das, Subrata Banerji

JUDGMENT

1. BY this writ petition the petitioner seeks quashing of order dated 2nd August 2010 passed by the respondent No.2.

2. THE case of the petitioner is that a complaint was lodged by him against the private respondent under sub-section (7)(c) of section 213A of the 1973 Act. THE private respondent at the time of election of Prodhan had joined the CPI (M) party and therefore owed his allegiance to such party. The notice issued by the requisitionist for removal of the Prodhan contained the name of the petitioner. The requisitionist belonged to the All India Congress Party and having once belonged to the CPI (M) party, the change in party on the expiry of six months from the date of election disqualified the petitioner under section 213A from being a member of the Gram Panchayat. Such complaint was considered by the prescribed authority and an order passed on 8th June 2010. Such order was passed contrary to sub-section (9) of section 213A as neither any enquiry was held nor did the prescribed authority satisfy himself prior to passing the order dated 8th June 2010. In fact, the notice under section 12(2) of the 1973 Act the resolutions and the vokalatnama has been signed by the









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