Rahuja Bibi vs State Of West Bengal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Cal) 16

SHAMPA SARKAR
Rahuja Bibi – Appellant
Versus
State Of West Bengal – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. Sarwar Jahan, Mr. Debashis Ghorai, Mr. Binay Shaw.
For the Respondent: Mr. L.M. Mahata, Mr. P.B. Mahata. Mr. Pratik Dhar, Mr. Ritwik Pattanayak

JUDGMENT :

Shampa Sarkar, J.

The writ petitioners are some of the elected members of Dharmada Gram Panchayat. The respondent no.11 was elected as the Pradhan of the said gram panchayat. The respondent no. 12 to 17 are the other elected members of the said gram panchayat. The writ petition has been filed challenging the inaction of the prescribed authority in acting in terms of the provisions of the Section 12(3) and 12(4) of the West Bengal Panchayat Act, 1973 (hereinafter referred to as the said Act).

2. The facts are as narrated herein. Initially, the petitioners claiming to be majority members brought a motion on August 10, 2021 for removal of the Pradhan. Falling prey to political pressure, the petitioners wrote a letter to the prescribed authority dated August 13, 2021, expressing their desire not to proceed with the requisition. The prescribed authority by an order dated August 16, 2021 cancelled the motion dated August 10, 2021, granting the requisitionists leave to bring a fresh motion of no confidence. On the basis of the leave granted by the prescribed authority, twelve out of nineteen members brought a fresh requisition on September 10, 2021 with a request to the prescribed