Abutaher Hossain vs State of West Bengal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Cal) 557

SHAMPA SARKAR
Abutaher Hossain – Appellant
Versus
State of West Bengal – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. Partha Sarathi Bhattacharyya, Sr. Adv., Mr. Raju Bhattacharyya,
Mr. Arunava Maiti
For the Respondent: Mr. Himadri Sikhar Chakraborty

JUDGMENT :

1. Affidavit of service is taken on record.

2. Despite service, none appears on behalf of the State respondents.

3. The petitioners are the members of the Haribhanga Gram Panchayat, who had brought a requisition under Section 12(2) of the West Bengal Panchayat Act, 1973 (hereinafter referred to as ‘the said Act’), requesting the prescribed authority to convene a meeting for removal of the pradhan of the said gram panchayat. The requisition was brought on July 28, 2021. According to Mr. Bhattacharyya, learned senior advocate, the prescribed authority called a meeting at his chamber for recording satisfaction with regard to the compliances under Section 12(2) of the said Act. Upon being so satisfied, the prescribed authority issued a notice under Form 1E, Sub-Rule (2) of Rule 5B of the West Bengal Panchayat (Constitution) Rules, 1975, fixing August 13, 2021 as the date for holding the meeting for removal of the pradhan. On August 6, 2021, the prescribed authority issued a notice indicating that the meeting could not be held due to the pandemic situation. Mr. Bhattacharyya, is aggrieved by the postponement of the meeting. He further alleges that even if the meeting was postpon

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