Back
ARIJIT BANERJEE, APURBA SINHA RAY
Razia Sultana – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
Arijit Banerjee, J. - This appeal is directed against a judgment and order dated January 5, 2023, whereby W.P.A No. 13257 of 2021 was disposed of by a learned Single Judge.
2. The writ petitioner, who is the respondent no. 6 in this appeal, approached the learned Single Judge challenging a requisition notice for her removal as Pradhan of the Banupur Gram Panchayat. The notice was challenged firstly on the ground that it contained a stigma and secondly on the ground that the party affiliations of the requisitionists were not mentioned in the notice.
3. The parties were directed to exchange affidavits. The State respondents and the requisitionists filed affidavits in opposition. From the annextures to the said affidavits, the learned Judge found that the second page of the requisition notice which contained the party affiliations with signatures and other details of the requisitionists, had not been annexed to the writ petition. Accordingly, the second ground for challenging the requisition notice was rejected by the learned Judge.
4. It was further urged before the learned Judge by the writ petitioner that the notice was not properly served on her. The learned Judge held that t
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....
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....
The importance of upholding a democratic process initiated by the requisite number of members for the removal of an office-holder in a Gram Panchayat.
The main legal point established in the judgment is the interpretation and application of the provisions of Rule 17(6) and Rule 18 of the West Bengal Panchayat (Constitution) Rules, 1975, in the cont....
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
