The judgment of the Court was as follows :-

This writ application has been referred to a Division Bench by N. K. Batabyal, J. in terms of His Lordship's order dated 19.12.95, for the purpose of consideration as to whether the provision of giving seven clear days' notice in the second proviso to Section 105(1) of the West Bengal Panchayat Act, 1973 (hereinafter referred to for the sake of brevity as the 'said Act') is mandatory or directory.

2. The fact of the matter is not in dispute. The writ petitioner is a Sahakari Sabhapati of Khar Gram Panchayat Samity. On or about 28.12.94, a requisition was sent to the Sabhapati of the said Gram Panchayat to convene a meeting for discussion on no confidence against Sabhapati. Pursuant to or in furtherance of the said requisition, Sabhapati did not requisition a meeting. On or about 18.1.95, thereafter the said requisitionists called a meeting for being held on 27.1.95. It appears that notice of the said meeting was sent under registered post to the petitioner, but the same was not served even on 28.1.95. In the meantime, a meeting was held on 27.1.95, in terms whereof by resolution adopted by the large number of the members, Sabhapati