Selina Bibi vs State of West Bengal - 2022 Supreme(Cal) 1546

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Cal) 1546

KAUSIK CHANDA, ARIJIT BANERJEE
Selina Bibi – Appellant
Versus
State of West Bengal – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. Partha Sarathi Bhattacharyya, Ld. Sr. Adv., Mr. Tanweer J. Mandal, Advocate, Ms. Somashree Dey, Advocate, Mr. Raju Bhattacharyya, Advocate
For the Respondent:Mr. Lalit Mohan Mahata, Advocate, Mr. Rajat Dutta, Advocate, Mr. Pantu Deb Roy, Advocate, Mr. Pannalal Bandyopadhyay, Advocate

JUDGMENT :

1. The only grievance with which the writ petitioner/Pradhan approached the learned Single Judge was that the process of her removal was in violation of Section 12(10) of the West Bengal Panchayat Act, 1973, which reads as follows:

“12. Motion of no confidence or removal of Pradhan or Upa-Pradhan. –

……

(10) On receipt of the minutes of the meeting and the report under subsection (9), the prescribed authority shall, within next five working days, take such action as he may deem fit and the entire process commencing from submission of motion to the prescribed authority upto the action finally taken by him shall be completed within thirty days.”

2. The learned Single Judge dismissed the writ petition holding that the prescribed authority, for reasons beyond his control, fixed the meeting for removal of the Pradhan on 2nd July, 2021. There was no illegality in the impugned action.

3. Before us, Mr. Partha Sarathi Bhattacharyya, learned senior advocate, contends that the learned Single Judge has failed to take into consideration Section 12(10) of the said Act. Since the process of removal of the relevant Pradhan was not completed within thirty days from the submission of motion,

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