The duty of public authorities to perform their duties in a fair and transparent manner, and adherence to democratic principles.

Biswanath Somadder, J.

1. By consent of the parties, the appeal is treated as on day's list and is taken up for consideration along with the application for stay.

2. The appeal arises out of a judgment and order dated 17th November, 2016, passed by the learned Single Judge in W. P. 25946 (W) of 2016 [Sujata Bhachhar (Kirtonia) v. The State of West Bengal & Ors.].

3. The appellant herein was the writ petitioner whose writ petition stood dismissed in terms of the impugned judgment and order.

4. When the appeal was taken up for consideration initially on 16th January, 2017, this Court had directed the Prescribed Authority and Block Development Officer, Nakashipara, District - Nadia, to file a report in the form of an affidavit on or before the next date, stating therein specifically as to whether the allegations as sought to be made in the writ petition - wherefrom the impugned order emanated - had any basis or not. Consequently, a report in the form of an affidavit has been filed on behalf of the Prescribed Authority, being the Block Development Officer, Nakashipara, District - Nadia.

5. It is noticed from the facts of the instant case that the writ petitioner was the Pradhan of Bethuadahari-II Gram Panchayat, situated in the district of Nadia. On 9th November, 2016, the Prescribed Authority received a letter dated 8th November, 2016, from one Sribas Saha and nine other members of the said Gram Panchayat, whereby all the said members had signed a motion in writing expressing their lack of confidence against the writ petitioner, Smt. Sujata Bhachhar (Kirtonia), being the Pradhan of Bethuadahari-II Gram Panchayat. While indicating their party affiliation in their requisition notice, they also submitted two postal receipts, copies of which were sent to the writ petitioner. On receipt of the requisition notice, the Prescribed Authority, upon satisfying himself that the motion sought to be brought by the requisitionists conformed to the requirement as specified under sub-section (2) of Section 12 of the West Bengal Panchayat Act (as amended till date), specially convened a meeting of the Gram Panchayat in terms of his notice dated 10th November, 2016. Such meeting was scheduled to be held in the office of the said Gram Panchayat on 18th November, 2016 at 12.30 P.M. The Prescribed Authority, in accordance with the applicable provision of law, sent notice to the directly elected eighteen (18) members at least before clear seven days from the date of holding such meeting. The meeting was held on a working day, which was not later than fifteen working days from receipt of requisition notice by the Prescribed Authority. The gist of the resolution and the Presiding Officer's report have been spelt-out in details in the report in the form of an affidavit filed on behalf of the Prescribed Authority. The same is quoted here-in-below:

"Before commencement the said meeting on 18.11.2016 at 12-30 PM, Md. Asraful Islam, Panchayat Accounts and Audit Officer of this block as Presiding Officer had ensured that the notice being this office memo No. 2812(21), dated 10.11.2016 had been duly served to every members. Quorum of the said meeting established at time as ten members out of eighteen of directly elected members present and the said motion for removal of Smt. Sujata Bhachhar carried by the decision of the majority of its existing members. As per decision of the majority of its members, as Asraful Islam, Panchayat Accounts and Audit Officer of this block had declared that Smt. Sujata Bhachhar were hereby removed from the post of Prodhan of Bethuadahari-II Gram Panchayat on 18.11.2016.

Xerox copy of the resolution dated 18.11.2016 and report of the presiding officer of the meeting held on 18.11.2016 are annexed hereto and collectively marked as annexure R-1.

After receiving the report of Asraful Islam, Panchayat Accounts and Audit Officer and Presiding Officer of the said meeting, I had duly declared casual vacancy to the post of Prodhan of Beth