Abdur Rahaman Halder vs State of West Bengal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Cal) 1343

AMRITA SINHA
Abdur Rahaman Halder – Appellant
Versus
State of West Bengal – Respondent

Advocates:
Advocate Appeared:
For the Petitioners: Bikash Ranjan Bhattacharyya, Firdous Samim, Gopa Biswas, Mousumi Hazra.
For the Respondents: Pantu Deb Roy, Subrata Guha Biswas, S. Bandyopadhyay, Arka K. Nag, Debanik Banerjee, Akash Ganguly, Aniruddha Ganguly, Pratiti Das.

JUDGMENT :

AMRITA SINHA, J.

1. The petitioners are the eleven elected members of Hariharpur Gram Panchayat, Mograhat I, Usthi, South 24 Parganas. The said gram panchayat has sixteen elected members. The petitioners submitted a requisition notice dated 08.04.2022 before the prescribed authority for removal of the respondent no. 8 who is the Pradhan of the said gram panchayat.

2. The petitioners’ grievance is that the prescribed authority did not take steps to convene the meeting in accordance with the West Bengal Panchayat Act, 1973. The time period for taking steps in response to the requisition notice has not been adhered to and the same is indirectly standing in the way of removal of the Pradhan. The petitioners pray for a direction upon the prescribed authority to act in accordance with law.

3. The petitioners rely upon the judgment delivered by a coordinate Bench of this Court on 14.01.2022 in WPA No. 15058 of 2021 (Rahuja Bibi and Others vs. State of West Bengal and Others).

4. Learned Advocate representing the prescribed authority as well as the respondent no. 8 submits that an earlier requisition notice was served for removal of the Pradhan in November 2021 by twelve members of t

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