JUDGMENT :

Bibek Chaudhuri, J.

The petitioner earlier filed an application under Article 226 of the Constitution which was registered as WPA 1665 of 2021 inter alia, certain direction upon the SDO, Jalpaiguri/the competent authority under Section 8 of the West Bengal Panchayat Act to cancel/disqualified respondent No.8 and 10 as members of Salboni-I Gram Panchayat. The said writ petition was disposed of by a Coordinate Bench with the following order:-

“…….Having considered the rival contentions of the parties, the writ petition is disposed of with a direction upon the Sub-Divisional Officer, Jalpaiguri Sadar to dispose of the complaint of the petitioner dated April 7, 2021 in accordance with law upon giving an opportunity to the parties to appear before the said authority and make their submissions in accordance with law. All points with regard to the maintainability of the said complaint are kept open for the authority to decide.

The parties will be at liberty to produce all documents and evidences before the said authority during the course of hearing. On completion of the hearing, a reasoned order shall be passed and communicated to all concerned.

The entire process shall be completed within a period of eight weeks from date of communication of this order. This Court has not gone into the merits of the claims and counter-claims of the parties and all the issues raised by the petitioner as also the respondent nos. 8 to 11 will be decided by the authority in accordance with law and on the basis of the documents and evidences filed by the respective parties. The respondent nos. 8 to 11 will also be allowed to file their written submission or written version to the said application….”

2. The SDO, Jalpaiguri vide order dated 7th February, 2022 passed an order rejecting the contention of the petitioner made out in the said petitioner. This has compelled the petitioner to challenge the said order dated 7th February, 2022 by filing the instant writ petition.

3. It is submitted by Mr. Sabyasachi Chatterjee, learned Advocate for the petitioner that Section 8 of the West Bengal Panchayat Act, 1973 speaks about disqualifications of members of gram panchayat. Section 8(c) states as follows:-

“Disqualifications of members of Gram Panchayat.- Subject to the provisions contained in sections 94 and 97, a person shall not be qualified to be a member of a Gram Panchayat, if-

(c) he has, directly or indirectly by himself or by his partner or employer or an employee, any share or interest in any contract with, by or on behalf of, the Gram Panchayat, or the Panchayat Samiti of the Block comprising the Gram concerned, or the Zilla Parishad of the district, or the Mahakuma Parishad, or the Council:

Provided that no person shall be deemed to be disqualified for being elected a member of a Gram Panchaayat by reason only of his having a share or interest in any public company as defined in the Companies Act, 1956 (1 of 1956) which contracts with or is employed by the Gram Panchayat or Pachayat Samiti of the Block comprising the Gram or the Zilla Parishad or the Mahakuma Parishad or the Council…”.

3. It is the case of the petitioner that Pradhan and members of Salboni-I Gram Panchayat had rendered themselves liable to be disqualified from Salboni-I Gram Panchyat under Section 8 of the West Bengal Panchayat Act, 1973 since work orders were issued in favour of Smt. Rekha Mandal (Sarkar) wife of Barun Chandra Sarkar, leader of opposition, Salboni-I Gram Panchatyat and Sri. Nagen Chandra Sarkar husband of Smt. Bani Sarkar, member of Salboni-I Gram Panchayat. It is submitted by Mr. Chatterjee that the respondent No.15 Nagen Chandra Sarkar husband of Smt. Bani Sarkar who is a member of Salboni-I Gram Panchayat. Respondent No.14 Rekha Mandal is the wife of Barun Chandra Sarkar, the leader of opposition of Salboni-I Gram Panchayat. Respondent No.13 Nageswar Oraon is the husband of respondent No.10 Dipika Oraon, Pradhan of Salboni-I Gram Panchayat. They got contracts o