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SHAMPA SARKAR
Tanuja Begam Laskar – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
Shampa Sarkar, J. - The subject matter of challenge is the notice dated March 7, 2022 issued by the prescribed authority under Form 1E, Sub-Rule (2) and Rule 5B of the West Bengal Panchayat (Constitution) Rules, 1975, as also the motion dated March 3, 2022 brought by the members, for removal of the Pradhan. The grounds of challenge are as follows:-
a) The motion was also not served upon the Pradhan by the requisitionists,
b) The notice under Form 1E, Sub-Rule (2) and Rule 5B of the West Bengal Panchayat (Constitution) Rules, 1975, issued by the prescribed authority, was not served upon the petitioner.
c) The prescribed authority could not have taken steps in view of the pendency of MaT 361 of 2022 and the order dated March 15, 2022 passed therein.
2. The petitioner claims to be the Pradhan of Rajapur Karabeg Gram Panchayat, Jaynagar- I Devolopment Block. The crux of the argument of the petitioner is that the motion dated March 3, 2022 on the basis of which the prescribed authority issued the notice dated March 7, 2022, is not tenable in law, in view of the series of orders passed in respect of similar motions which were brought for removal of the petitioner, from her position a
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 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....
Any allegation in a removal notice for the removal of a Pradhan or Upa-Pradhan which may amount to any kind of stigma is not permissible and the notice should simply state that the requisite number o....
Authority must follow procedural safeguards in removal of Panchayat officials, emphasizing correct legislative provisions.
The main legal point established in the judgment is that the impugned notices were issued following the procedures contemplated under Section 207 of the Tamil Nadu Panchayat Act, 1994.
The court affirmed that compliance with statutory notice provisions in a no confidence motion was sufficient, and challenges based on alleged deficiencies or political motives were unsubstantiated.
Compliance with procedural laws in no-confidence motions under the Odisha Grama Panchayats Act is essential, though timing of notice receipt versus issuance holds significance in evaluating valid par....
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