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IN THE HIGH COURT AT CALCUTTA
RAJA BASU CHOWDHURY
Pratima Ghosh – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Raja Basu Chowdhury, J.
1. The present writ petition has been filed, inter alia, praying for quashing of the show-cause notice dated 19th December, 2025 and the order dated 21st 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 21st 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 19th 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 21st January, 2026 was passed, thereby dissolving the Board of Councillors and by a further order of e
The court upheld the validity of Section 19-B of the Chhattisgarh Municipal Corporation Act, determining it complies with constitutional requirements and does not confer arbitrary power on the state.
The court emphasized the importance of detailed reasons in a show-cause notice and upheld the jurisdiction of the authorities to exercise powers under the Act.
The court affirmed that Section 263 of the Gujarat Municipalities Act, allowing dissolution of municipalities under specific conditions, is constitutional and compliant with Article 243U of the Const....
Point of law: The Court is also mindful that there is no specific embargo on exercise of jurisdiction under Article 226 of the Constitution of India even at notice stage, but in the circumstances of ....
Removal of elected officials under quasi-judicial provisions necessitates adherence to principles of natural justice, including fair hearing and inquiry.
The notifications for municipal formation and alteration complied with constitutional mandates and statutory requirements, and the principles of natural justice were not violated.
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