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2016 Supreme(Cal) 971

I. P. MUKERJI
Nahima Mondal – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Debjit Mukherjee, Ms. Sreya Ghosh
For the State : Mr. Swapan Kr. Pal
For the Private Respondent: Mr. Manwar Ali, Ms. Brotati Dutta

JUDGMENT :

Indra Prasanna Mukerji, J.

On 29th July, 2013 the writ petitioner was elected as a member of the Punisole Gram Panchayat under Onda Development Block, Bankura.

2. On 1st August, 2013 a first information report was lodged against her.

3. On 19th August, 2013 the oath under Section 197 was administered to the elected members. According to Mr. Debjit Mukherjee, learned counsel for the petitioner, the petitioner did not take the oath because of the pending first information report.

4. On 22nd November, 2013 the petitioner was taken into custody. A Division Bench of this Court on 7th January, 2014 granted bail to the petitioner. She was released from custody on 20th January, 2014.

5. Under Section 197 of the Panchayat Act 1977 every elected candidate of a gram panchayat is required to make and subscribe an oath or affirmation before an officer designated by the State government. Section 11(f) of the said Act provides that if such oath is not taken within six months of the election of the candidate, he is removed from the panchayat after having been given an opportunity to show-cause.

6. On 29th January, 2014, just at the close of the six months' period, the petitioner wrote to the p





















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