Pradhan, Mahishbathani Gram Panchayat vs Mantu Sarkar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Cal) 1557

APURBA SINHA RAY, ARIJIT BANERJEE
Pradhan, Mahishbathani Gram Panchayat – Appellant
Versus
Mantu Sarkar – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. Sk. Md. Galib, Mr. Swarvanu Saha
For the Respondent: Mr. Gangadhar Das, Mr. Tanmoy Chattopadhyay, Ms. Sima Adhikari,
Ms. Kakali Naskar, Adv.

JUDGMENT :

1. Affidavit-of-Service filed in Court today be taken on record.

2. By consent of the parties, the appeal and the application are taken up together for hearing.

3. A judgment and order dated November 23, 2022, whereby WPA 25688 of 2022 was disposed of by a learned Single Judge, is the subject matter of challenge in this appeal.

4. The appellant herein is the Pradhan of Mahishbathani Gram Panchayat. The Gram Panchayat has 17 members presently. 12 of the members have made a representation to the Prescribed Authority seeking removal of the appellant as Pradhan in exercise of the Prescribed Authority’s power under Section 213 of the West Bengal Panchayat Act, 1973 (hereinafter ‘1973 Act’).

5. Alleging inaction on the part of the Prescribed Authority, who is the Commissioner of Panchayat and Rural Development, Government of West Bengal, those members approached the learned Single Judge, contending that the representation made by them was not receiving the attention of the Prescribed Authority. Various allegations were made against the appellant herein in such representation and primarily, of dereliction of duty on the part of the Pradhan. The crux of the grievance of the writ peti