Mainul Islam vs State of West Bengal - 2022 Supreme(Cal) 1342

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Cal) 1342

KAUSIK CHANDA, ARIJIT BANERJEE
Mainul Islam – Appellant
Versus
State of West Bengal – Respondent

Advocates:
Advocate Appeared:
For the Appellants : Partha Sarathi Bhattacharyya, Tanweer J. Mandal, Somashree Dey, Raju Bhattacharyya.
For the Respondents: Rajat Dutta, Pantu Deb Roy, Pannalal Bandyopadhyay.

JUDGMENT :

1. The only grievance with which the writ petitioner/Pradhan approached the learned Single Judge was that the process of her removal was in violation of Section 12(10) of the West Bengal Panchayat Act, 1973, which reads as follows:

“12. Motion of no confidence or removal of Pradhan or Upa-Pradhan:

...........

(10) On receipt of the minutes of the meeting and the report under sub-section (9), the prescribed authority shall, within next five working days, take such action as he may deem fit and the entire process commencing from submission of motion to the prescribed authority upto the action finally taken by him shall be completed within thirty days.”

2. The learned Single Judge dismissed the writ petition holding that the prescribed authority, for reasons beyond his control, fixed the meeting for removal of the Pradhan on 5th July, 2021. There was no illegality in the impugned action.

3. Before us, Mr. Partha Sarathi Bhattacharyya, learned senior advocate, contends that the learned Single Judge has failed to take into consideration Section 12(10) of the said Act. Since the process of removal of the relevant Pradhan was not completed within thirty days from the submission of mo

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