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 need for democratic principles to govern the functioning of public institutions.

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 as the Pradhan.

3. It is submitted by the petitioner that by an order dated December 23, 2021, passed in WPa 20743 of 2021, a co-ordinate Bench of this Court had granted liberty to the petitioners therein (requisitionists) to move a fresh motion under the provisions of the West Bengal Panchayat act, 1973. a motion which was brought on November 23, 2021, had not been acted upon within the statutory period. The same was declared to have lost its force. Fresh liberty was granted. Mr. Pyne and Mr. adhikari, learned advocates appearing on behalf of the petitioner submit that the said order dated December 23, 2021 was defective as the earlier motion dated November 23, 2021, had not been set aside. a recalling application had been filed.

4. The requisitionists brought a motion on the basis of the liberty. again the said motion was not acted upon. Challenging such inaction, WPa 171 of 2022 was filed.

5. Learned advocates for the petitioner, next submit that by an order dated January 10, 2022, WPa 171 of 2022 was disposed of ex-parte and a direction upon the prescribed authority to convene the meeting, for removal of the Pradhan, was passed. It is further submitted that both the orders mentioned hereinabove, passed by two different co-ordinate Benches of this Court, were sought to be recalled by CaN 1 of 2022 and CaN 2 of 2022. Further reliance has been placed, on an order dated February 25, 2022 by which the learned Judge, who passed the order dated January 10, 2022 had stayed similar notices issued by the prescribed authority under Form 1E, Sub-Rule (2) and Rule 5B of the said Rules. It is contended that in view of the order of stay passed by a co-ordinate Bench, the motion dated March 3, 2022 and the notice dated March 7, 2022 convening the meeting, ought not to have been proceeded with. It is prayed that the consequences of the meeting along with the motion and notice under Form 1E of the said Rules, must be set aside.

6. Finally, it is submitted that in view of the order passed by the Hon'ble appeal Court, dated March 15, 2022 in MaT 361 of 2022, the notices impugned and all consequences flowing therefrom, should be set aside and cancelled.

7. The facts before this Court, in a nutshell, are as follows:-

i) The requisitionists as the majority members of the said gram panchayat, had brought a motion on November 23, 2021 for removal of the petitioner. The said motion was not acted upon by the prescribed authority and had become infructuous due to lapse of time. Challenging such inaction, a writ petition was filed. a co-ordinate Bench of this Court, passed an order dated December 23, 2021, granting liberty to the requisitionists to move a fresh motion under the provisions of the West Bengal Panchayat act, 1973.

ii) Her Lordship was of the view that the motion had lo