Md. Tafazzal Hoque vs State of West Bengal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Cal) 523

JAY SENGUPTA, SUBRATA TALUKDAR
Md. Tafazzal Hoque – Appellant
Versus
State of West Bengal – Respondent

Advocates Appeared:
For the Appellant : Mr. Partha Sarathi Bhattacharyya, Mr. Mahim Sashmal, Mr. Raju Bhattacharyya, Mr. Arunava Maiti.
For the Respondents: Mr. Lalit Mohan Mahata, Ms. Ujani Pal (Samanta), Mr. Usof Aal Dewan, Mr. Asif Dewan.

JUDGMENT :

(Via Video Conference)

1. This appeal is directed against an order dated 2nd August, 2021 passed by the Hon’ble Single Judge in WPA 11949 of 2021.

2. The original writ petitioners had brought a requisiton before the prescribed authority to call for a meeting for the removal of the Pradhan of a Gram Panchayat on 7th July, 2021. The prescribed authority asked the requisitionist to satisfy the authority that the requisition was properly lodged. The meeting could not be held. The police did not render assistance for the date fixed purportedly due to some law and order problem.

3. The original writ petition was disposed of, inter alia, granting liberty to the requisitionist to bring fresh requisition in accordance with Section 12(3) of the West Bengal Panchayet Act and the prescribed authority was to proceed in terms of Section 12(3) and 12(4) of the said Act and the police authorities were to render necessary assistance.

4. Mr. Bhattacharjee, Learned Senior Counsel, appearing on behalf of the appellants submits as follows. The second requisition notice was given on 4th August, 2021 pursuant to the direction of the Hon’ble Single Judge fixing 20th of August, 2021 as the date for m

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