The election of the Chairman of the Board of Councillors must comply strictly with statutory provisions; failure to adhere to procedures invalidates the election results.

JUDGMENT :

RAJA BASU CHOWDHURY, J.

1. Affidavit of service filed in Court today is taken on record.

2. By consent of the parties, the matter is taken up for final consideration.

3. The present petition has been filed, inter alia, challenging the election of the Chairman of the Board of Councillors of Tamralipta Municipality (hereinafter refer to as “said Municipality”) which the petitioners would contend has been held de hors the provisions of the West Bengal Municipal Act, 1993 (hereinafter referred to as the “said Act”) and the West Bengal Municipalities (Procedure and Conduct of Business) Rules, 1995 (hereinafter referred to as the “said rules”).

4. In this case, admittedly, on the Chairman and Vice-Chairman of the said Municipality resigning, the Governor by an order dated 18^th November, 2025, upon receipt of information in that regard from the District Magistrate and the Executive Officer of the Municipality, had in exercise of powers conferred under Section 17(4) of the said Act, had been pleased to appoint Chanchal Kumar Khanra an elected Councillor from the constituency (ward) No. 20 of the said Municipality in the District of Purba Medinipur as Chairman to hold office as per the proviso to sub-Section (4) of Section 17 of the said Act, until new Chairman is elected under the provisions of sub-Section (3) of Section 17 of the said Act, and enters upon his office.

5. Mr. Billwadal Bhattacharyya, learned Senior Counsel representing the petitioners by drawing attention of this Court to the notice of Board of Councillors’ meeting dated 18^th November, 2025 issued by the appointed Chairman would submit that the same is not in accordance with the provisions of the said Act and the Rules framed thereunder. In this context, he has drawn attention of this Court to the provisions of Section 17(4) of the aid Act and rules 6(2) (b), (d) and (e) and rule 4 of the said rules.

6. Mr. Basu, learned Senior Counsel appears on behalf of the Municipality. According to Mr. Basu, the new Chairman of the Board of Councillors on being elected as Chairman has already taken charge in terms of the resolution adopted by the Board of Councillors. Copy of the aforesaid resolution filed in Court is taken on record.

7. Mr. Bhattacharya, learned Senior Counsel appears for the respondent no.4 and the elected Chairman the respondent no.8 and supports the stand taken by Mr. Basu.

8. Heard the learned Counsel appearing for the respective parties and considered the materials on record.

9. The question that falls for consideration before this Court is whether the provisions of the said Act and the rules have been complied with while seeking election of the Chairman of the Board of Councillors of the Municipality. Admittedly, in this case, upon the Chairman and Vice-Chairman of the Board of Councillors of the said Municipality having resigned, the Governor had accordingly been pleased to pass an order dated 18^th November, 2025 thereby, appointing Chanchal Kumar Khanra as Chairman in terms of Section 17(4) of the said Act with a specific direction that he shall hold office so long as a new Chairman is not elected in terms of the proviso to said Section. To morefully appreciate the aforesaid provisions, the relevant provisions being Section 17(4) of the said Act and proviso thereto, are extracted herein-below:

“17(4) In the case of casual vacancies in the offices of both the Chairman and the Vice-Chairman caused by death, resignation, removal or otherwise, the State Government may appoint by name one of the Councillors to be the Chairman who shall hold office until a Chairman, elected under the provisions of sub-section (3) [enters upon his office].

Provided