JUDGMENT :

Raja Basu Chowdhury, J.

1. The present writ petition has been filed, inter alia, praying for quashing of the show-cause notice dated 19^th December, 2025 and the order dated 21^st January, 2026 passed by the Government of West Bengal in exercise of powers conferred under Section 431(1) and (2) of the West Bengal Municipal Act, 1993 (hereinafter referred to as the “said Act”). The petitioners also seek to challenge the order dated 21^st January, 2026 appointing the Sub-Divisional Officer, Kharagpur as Administrator consequent to the dissolution of the Board of Councillors of Kharagpur Municipality and to take over the charge of the municipality in terms of Section 431(3) of the said Act.

2. The petitioners claim to be the elected councillors of Kharagpur Municipality in the district of Paschim Medinipore pursuant to election held in the year 2022. According to the petitioners on 19^th December, 2025, a show-cause notice was issued by invoking powers under Section 431(1) of the said Act. Though a response was filed dealing with the points noted in the show-cause, the order dated 21^st January, 2026 was passed, thereby dissolving the Board of Councillors and by a further order of even date an Administrator was also appointed to take charge of the affairs of the municipality.

3. Mr. Bhattacharyya, learned senior advocate appearing for the petitioners in support of the writ petition has drawn attention of this Court to the provisions of Sections 430 and 431 of the said Act and would submit that the aforesaid exercise of powers by the State is not in accordance with the aforesaid provisions of the said Act and the Rules framed thereunder.

4. By placing before this Court Section 430 of the said Act, he has submitted that the State can exercise certain powers, in the event, the State is of the view that the Board of Councillors had made default in performing of duties and in such event, it is the duty of the State to offer opportunity to the Board to remedy the breach by fixing a period for due performance of such duty by the Board. In the instant case, no such opportunity was provided.

5. By drawing attention of this Court to the show-cause notice dated19th December, 2025, it is submitted that the Government had issued the show-cause based on a mass petition dated 17^th December, 2025. According to Mr. Bhattacharyya, though it was incumbent upon the State Government to disclose the mass petition dated 17^th December, 2025, purportedly received from the residents of the Kharagpur Municipality, based on which the above show- cause notice was issued, the said document was not disclosed along with the show-cause. This apart, by placing before this Court the provisions of Section 431(1) of the said Act, it is submitted that the State Government did not, in the instant case, form an opinion for initiating proceeding under Section 431(1) of the said Act and in absence of formation of such opinion, no proceedings under Section431 of the said Act could have been initiated.

6. It is submitted that though the Board had responded to the above show-cause notice in writing dated 23^rd December, 2025, the response given by the Board was not adhered to and without considering the same, the impugned order dated 21^st January, 2026 was passed.

7. By placing before this Court the order dated 21^st January, 2026, it is submitted that the State, while passing of the above order had taken into the consideration the observations made by the District Magistrate, Paschim Medinipore and the observations made by the Sub-Divisional Officer, Kharagpur, Paschim Medinipore in the report dated 14^th January, 2026, though such report was not supplied to the petitioners. The aforesaid constitutes violations of the principles of natural justice, apart from the statutory violation as indicated hereinabove.

8. Independent to the above, by drawing attention of this Court to the provisions of Article 243U of the Constitution of India, it is submitted that every municipality unless