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MANJULA CHELLUR, ARIJIT BANERJEE
Gopal Kumar – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioner:Amul Baran Chatterjee and Amit Prakash Lahiri, Advocates.
Sayan De, Advocate, for the petitioner in WP 27866 (W)/14.
For the State (In WP 24555 (W)/14) :Kamalesh Bhattacharyya, Swapan Kumar Pal, Advocates.
For the State (In WP 27877 (W)/14) :Subhabrata Dutta, Advocate.
For the State (In WP 26946 (W)/14) :Sadhan Kumar Haldar and Jaladhi Das, Advocates.
For the Respondent Nos. 5 to 12 (In WP 24555 (W) of 2014):Milon Bhattacharyya, Apurba Kumar Das and S.B. Mukherjee, Advocates.
For the Respondent Nos. 4 to 10 and 13:Partha Chakraborty and Nilanjan Bhattacharjee, Advocates.

JUDGMENT :

Arijit Banerjee, J.

A judgment and order dated 10th September, 2014 was passed by the Ld. Single Judge in WP No.24555 (W) of 2014 referring a question of law to a Division Bench. This is why the matter is before us. Similar question of law arises in three other writ petitions being WP 25717 (W) of 2014, WP 27877 (W) of 2014 and WP 26946 (W) of 2014 and accordingly the said three writ petitions have been clubbed together with WP 24555 (W) of 2014.

2. The question of law that arises for our consideration can be formulated as follows:-

"Upon receipt of a motion from the requisite number of members of a Gram Panchayat indicating their intention to remove the Pradhan or the Upa-Pradhan, before issuing a notice convening a meeting of the Gram Panchayat for consideration of the motion and taking a decision on it, whether or not the Prescribed Authority is required to expressly record his satisfaction that the motion conforms to the requirements of Section 12 (2) of the West Bengal Panchayat Act, 1973 (hereinafter referred to as 'the said Act')"?

3. We refrain from discussing the facts of each of the writ petitions since we intend to send back the writ petitions to the Ld. Single Jud










































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