Mamoni Ghosh vs State of West Bengal - 2022 Supreme(Cal) 1552

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Cal) 1552

SHAMPA SARKAR
Mamoni Ghosh – Appellant
Versus
State of West Bengal – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. Partha Sarathi Bhattacharya, Sr. Advocate Mr. Usof Ali Dewan Mr. Asif Dewan
For the Respondent:Mr. Uday N. Betal Mr. A. Rakib, Mr. Lalitmohan Mahata, Sr. Govt. Advocate Mr. P. B. Mahata

JUDGMENT :

1. The writ petition has been filed challenging the notice dated February 11, 2022, issued by the prescribed authority under Sub-Rule (2) of Rule 5B of the West Bengal Panchayat (Constitution) Rules, 1975 (hereinafter referred to as ‘the said rules’). The petitioner is the pradhan of Tenkaripur-Balumati Gram Panchayat. The petitioner has alleged that the prescribed authority has acted in violation of the provisions of Sections 12(3), 12(4) and 12(10) of the West Bengal Panchayat Act, 1973 (hereinafter referred to as ‘the said Act’), and issued the notice convening the meeting for removal of the pradhan beyond the statutory period of 30 days. Allegations are that the prescribed authority has acted in flagrant violation of the statute. It is prayed that the notice dated February 11, 2022 and the meeting dated February 23, 2022 be cancelled.

2. Mr. Betal, learned advocate appearing on behalf of the requisitionists, submits that the situation was beyond the control of the prescribed authority and thus the authority could not convene the meeting in terms of Sections 12(3), 12(4) and 12(10) of the said Act. He submits that the provisions of Section 12(4) and Section 12(10), enab

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