Soma Roy vs State Of West Bengal - 2022 Supreme(Cal) 889

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Cal) 889

ARIJIT BANERJEE, KAUSIK CHANDA
Soma Roy – Appellant
Versus
State Of West Bengal – Respondent

Advocates appeared:
Mr. Saptansu Basu, Advocate, Mr. Dipankar Pal, Advocate, Mr. Jahangir Alam, Advocate, Mrs. Juin Dutta Chakraborty, Advocate, Mr. Kunal Ganguly, Advocate, for the Appellant; Mr. Atarup Banerjee, Advocate, Mr. Mrityunjoy Chatterjee, Advocate, Mr. Sreejeet Basu Roy, Advocate, Ms. Saswati Adhikary, Advocate, Mr. Lalit Mohan Mahata, Advocate, Mr. Prasanta Behari Mahata, Advocate, for the Respondent.

JUDGMENT

Arijit Banerjee, J. - This is an appeal against a Judgment and Order dated September 30, 2021 whereby W.P.A 16007 of 2021 was disposed of.

2. The writ petitioner/appellant approached the learned Single Judge challenging a requisition notice dated September 16, 2021, signed by 13 members of the Birnagar - II Gram Panchayat, for convening a meeting for removal of the writ petitioner as Pradhan of the said Gram Panchayat.

Pursuant to such requisition, the Prescribed Authority convened a meeting which was held on October 1, 2021. The writ petitioner's contention before the learned Single Judge was and also before us is, that the Prescribed Authority erred in convening the meeting without satisfying himself that Section 12(2) of the West Bengal Panchayat Act, 1973 (in short 'the said Act') has been complied with inasmuch as the requisitionists nos. 4, 6 and 9 failed to mention their party affiliation in the registration notice although the law mandates that the same shall be done. The writ petitioner argued that the requisition notice should be set aside and the meeting called on the basis thereof should be cancelled and declared to be bad in law.

3. After hearing learned Counsel

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