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2020 Supreme(Cal) 448

ARINDAM SINHA
Sohan Prasad Choudhary – Appellant
Versus
State Of West Bengal – Respondent


Advocates Appeared:
Bikash Ranjan Bhattacharya, Advocate, Saptansu Basu, Advocate, Dhiraj Trivedi, Advocate, S. Dasgupta, Advocate, Vikash Singh, Advocate, Tarunjyoti Tewari, Advocate, Manbendra Bandopadhyay, Advocate, Sushil Kr Mishra, Advocate, Ravi Ranjan Kumar, Advocate, Rishav Thakur, Advocate, Saket Sharma, Advocate, Kishore Dutta, Advocate, Arka Kr Nag, Advocate, Debabrata Saha Roy, Advocate, Pingal Bhattacharyya, Advocate, Neil Basu, Advocate, Pritam Majumdar, Advocate, Vipra Garg, Advocate

JUDGMENT

Arindam Sinha, J. - A Councillor of Bhatpara Municipality has petitioned for interference, to declare notice dated 30th December, 2019 as issued in violation of the Rules and, therefore, bad. The facts are, requisition dated 6th December, 2019 was duly made for removal of present Chairman of the Municipality. The requisition was received on the day itself. On 20th December, 2019, the Chairman issued meeting notice on the item of business of his removal. The meeting would be a special meeting of Councillors of Bhatpara Municipality, to be held on 20th January, 2020 at 1.00 PM. The Vice-Chairman of the Municipality by letter dated 26th December, 2019 addressed to Principal Secretary of concerned department in Government of West Bengal said, inter alia, as follows :-

    "With reference to the above, this is to inform you that the Chairman, Bhatpara Municipality has convened a Special Meeting as per provision of Rule 9(3)(b)(i) of the W.B. Municipalities (Procedure & Conduct of Business) rules, 1995 after giving 31 (thirty one) days' notice to the members which is clearly in contravention to the rule 9(3)(b)(i) where it is clearly mentioned that such Special Meeting be convened af

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