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1994 Supreme(Cal) 389

Satyabrata Sinha
Samarendra Goswami – Appellant
Versus
Dabuk Gram Panchayat – Respondent


Advocates:
Advocate Appeared:
Bikash Chandra Mukherjee for the petitioner;
Jugal Chandra Porel for the respondent Nos. 11, 14, 16, 18 and 19;
Q. E. Kabir for the respondent Nos. 10, 12, 3, 15, 17, 19, 20 and 24.

JUDGMENT

Satyabrata Sinha, J.

The petitioner in this application has, inter alia, prayed for issuance a writ of or in the nature of mandamus directing the respondents to set aside or withdraw the notices dated 9th October, 1994 and 8th November, 1994 as contained in annexures 'A' & 'B' to the writ application respectively.

2. The petitioner is the Pradhan of Gram Panchayat. The general election of the Members of the said Panchayat was held on 31st May, 1993 wherein he was elected as a Member. Respondent Nos. 8 to 24 were also elected as Members of the Gram Panchayat. The petitioner was elected as a Pradhan in a meeting called for that purpose, and Respondent No. 24 was elected as Upa-Pradhan.

3. On 20th June, 1994 Respondent Nos. 10, 12, 13, 15, 17, 19, 20 and 22 to 24 issued a notice asking the petitioner to requisition a meeting in terms of s. 16(1) of the West Bengal Panchayat Act, 1973. The validity of the said notice was questioned before this Court and by an order dated 13th July, 1994 a learned Single Judge of this Court directed :-

"Let this matter come up for hearing as 'Contested Application' 8 weeks hence.

Petitioner shall serve notice and copy of the application upon the oth






































































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