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.

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 was not served upon her. The said writ petition being WPa 12332 of 2021 was disposed of by an order dated august 10, 2021 by setting aside the notice dated July 28, 2021.

4. The requisitionists, thereafter, issued a letter dated 12.08.2021 to the Prescribed authority requesting him to convene a meeting for removal of the writ petitioner from the post of Pradhan as majority members of the Gram Panchayat has lost confidence upon her. On the basis of the said letter, the Prescribed authority issued a notice dated 18.08.2021 fixing the date of meeting on 27.08.2021 for consideration of the motion for removal of the petitioner from the office of the Pradhan of the Gram Panchayat.

5. The said notice dated 12.08.2021 is the subject matter of challenge in this writ petition.

6. Mr. Deb Barman drew the attention of the court to the letter dated august 12, 2021 more particularly the subject matter of the said letter which stated that it is a no confidence motion for removal of Prahdan under Section 12 read with Section 16 of the West Bengal Panchayat act, 1973 (for short 'the act'). He contended that such requisition cannot be accepted and acted upon as the same was not brought under section 12(2) of the said act but was brought under the provisions of law which stood amended in the meantime. By referring to the provisions laid down in Sub-section 11 of Section 12 of the said act Mr. Deb Barman contended that since the earlier meeting fixed on 12.08.2021 could not be held, it shall be deemed that the motion of the requisitionists for removal of the Pradhan was not carried by the majority of its existing members and therefore the Prescribed authority could not have taken cognizance of the subsequent motion dated 12.08.2021. He thereafter referred to Rule 5B(3) of the West Bengal Panchayat (Constitution) Rules 1975 (for short 'the 1975 Rules') and contended that nothing transpires from the materials on record that the Prescribed authority has handed over the service returns of the notice to the Presiding Officer before he proceeded for the meeting. He also referred to Rule 5B(4) of the 1975 Rules and contended that the Presiding Officer failed to perform his statutory duty of ascertaining and apprising the members present that the notices have been duly served upon all members. Mr. Deb Barman referred to the decision of the Hon'ble Supreme Court of India in the case of Bhavnagar University vs. Palitana Sugar Mill (P) Ltd. and Ors. reported at (2003) 2 SCC 111 in support of the well settled proposition of law that when a statutory authority is required to do a thing in a particular manner, the same must be done in that manner or not at all. He also referred to the judgment of the Hon'ble Supreme Court of India in the case of Usha Bharti vs. State of Uttar Pradesh and