Disqualification under Section 213A requires clear evidence of voluntary resignation from a recognized political party, which was not established in this case.

1. By the present writ petition, the petitioner seeks for setting aside of the order of respondent no.2, District Panchayat and Rural Development Officer and Appellate Authority dated 26^th November, 2024 and cancel the membership of the respondent No.5.

2. The petitioner contends that the petitioner is an elected member of Katlamari-II Gram Panchayat under Raninagar-II Block, Murshidabad and is the leader of Indian National Congress. The petitioner made an application on 18^th July, 2024 to the Prescribed Authority and Block Development Officer, Raninagar-II Block, District-Murshidabad for cancellation of membership of respondent No.5 upon disqualifying him. The Prescribed Authority rejected such prayer of the petitioner vide order dated 9th August, 2024. The petitioner preferred an appeal before the Appellate Authority being the District Panchayat and Rural Development Officer, respondent No.2 challenging the order dated 9th August, 2024 passed by the Prescribed Authority. Upon hearing, the Appellate Authority by its order dated 26th November, 2024 rejected the prayer of the petitioner for disqualifying the membership of the respondent No.5. Being aggrieved and dissatisfied with the said impugned order of the Appellate Authority, the petitioner has preferred the present writ petition.

3. Mr. Neguive Ahmed, learned Advocate for the petitioner submits that the petitioner produced paper cut-outs, electronic evidence including audio and video records showing defection by the respondent No.5 from his original party. However, neither the Prescribed Authority nor the Appellate Authority properly considered such evidence. There are evidences that respondent No.5 was seen under the banner of All India Trinamool Congress party which deems that he has voluntarily given up his membership of such recognised political party. Therefore, the Prescribed Authority as well as Appellate Authority erred in rejecting the prayer of the petitioner for disqualification of membership of respondent no.5 under Section 213A of the West Bengal Panchayat Act, 1973 (hereinafter referred to as the Act of 1973). He seeks for setting aside of the impugned order and cancel the membership of respondent No.5.

4. None appears on behalf of the State.

5. Mr. Santanu Kumar Mitra, learned Senior Government Advocate, who usually appears on behalf of the State-respondents is requested to appear in this matter along with a junior of his choice. The appearance of the learned Advocates be regularised by the concerned authority.

6. Let a copy of the writ petition along with annexure be served upon the learned Advocate for the State respondent.

7. On the contrary, Mr. Santanu Kumar Mitra, learned Senior Government Advocate for the State submits that the petitioner has not adduced any documentary evidence from the concerned political party to substantiate that the private respondent no.5 has allegedly relinquished her membership from the Indian National Congress. The paper cut outs, audio and video records is insufficient to establish the factum of membership relinquishment by respondent no.5. He seeks for dismissal of the writ petition.

8. Mr. Sarwar Jahan, learned Advocate for the respondent No.5 at the outset indicates that neither the application under Section 213A of the Act of 1973 nor the memo of appeal has been annexed to the writ petition. No evidence has been produced that respondent No.5 has voluntarily given up his membership from such recognised political party. Rather, during hearing before the Prescribed Authority, the respondent No.5 in his written statement has stated that he has been elected as a gram panchayat mem