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MOUSHUMI BHATTACHARYA
Susama Mondal – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
Hiranmay Bhattacharyya, J. - This writ petition has been filed seeking a writ in the nature of mandamus for quashing the notice dated 18.08.2021 issued by the Prescribed authority fixing the date of meeting for consideration of the motion for removal of the writ petitioner from the office of the Pradhan of Islampur Gram Panchayat (for short 'the Gram Panchayat').
2. This case has a chequered history. Petitioner claims to have been elected as the Pradhan of the Gram Panchayat. a writ petition being WPa 11500 of 2021 was filed by the requisitionist alleging inaction on the part of the Prescribed authority in calling for a meeting on the basis of the requisition brought by them for removal of the Pradhan. The said writ petition was disposed of by giving liberty to the requisitionists to bring a fresh requisition.
3. Thereafter on 23.07.2021 a fresh motion was moved by the requisitionists praying for removal of the writ petitioner from her post. On the basis of the said requisition, a notice for removal of the Pradhan was issued by the Prescribed authority on July 28, 2021. The said notice was challenged by the writ petitioner in WPa 12332 of 2021 alleging that the requisition wa
The main legal point established in the judgment is the importance of following statutory procedures and the authority's jurisdiction under the West Bengal Panchayat Act, 1973.
The main legal point established in the judgment is the interpretation of the provisions of Section 12(3) and 12(4) of the West Bengal Panchayat Act, 1973, regarding the requisition for removal of th....
The main legal point established in the judgment is the importance of compliance with the provisions of the West Bengal Panchayat Act, 1973, regarding the removal of elected representatives and the n....
The court affirmed that a second No Confidence Motion is permissible if the first requisition did not lead to a valid meeting or vote, as per the Bihar Panchayat Raj Act, 2006.
The court upheld the validity of the no confidence motion requisition under the Bihar Panchayat Raj Act, confirming the necessity for clear allegations and the petitioner's failure to disclose key fa....
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