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2021 Supreme(Cal) 395

MOUSHUMI BHATTACHARYA
Md. Aaledur Sekh – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Prosenjit Mukherjee
For the Respondent: Mr. Chittaranjan Chakraborty, Mr. Dipjyoti Chakraborty

JUDGMENT :

In Re : WPA 9875 of 2021

1. This writ petition has been filed by the Prodhan of Mothabari Gram Panchayat for canceling a notice dated 19th March, 2021 issued by the Prescribed Authority/ Block Development Officer, Malda for removal of the Prodhan (the petitioner before this Court).

2. Learned counsel for the petitioner submits that the petitioner was elected Prodhan of the concerned Gram Panchayat in August, 2018 and has been discharging her duty till date. Counsel challenges the impugned notice dated 19th March, 2021 as being the violation of Section 12 of the West Bengal Panchayat Act, 1973. Counsel submits that under Section 12(4) of the said Act, the meeting shall be held on a working day and shall not be later than 15 working days from the date of receipt of the Motion by the Prescribed Authority. Counsel also places Section 12(3) under which Prescribed Authority on receipt of the motion shall satisfy himself that it conforms to the requirements of sub-section (2) of Section 12 and shall convene a meeting of the Gram Panchayat within 5 days of the receipt of the Motion by way of notice. Counsel submits that in the present case, the Prescribed Authority received the Mot

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