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28.01.2026

sayandeep

Sl. No. ADSL 1

Ct. No. 03

WPA 1643 of 2026

Masud Sk.

Vs.

The State of West Bengal & ors.

Mr. Mrityunjoy Chatterjee

…… for the petitioner

Mr. Pradyut Saha

…. For the respondent No. 8

Mr. Swapan Banerjee, ld. AGP

Tanweer J. Mondal

…. For the State

1. Citing extreme urgency that the meeting for filing up

the post of Pradhan at Rajnagar Gram Panchayat,

Malda scheduled today at 12.00 noon vide notice

dated 19th January, 2026 which the petitioner claims

to have received on 21st January, 2026, the instant

writ petition was mentioned in the first sitting of the

Court and has accordingly been listed.

2. The petitioner claims to be an elected member of

Rajnagar Gram Panchayat (hereinafter referred to as

the “said Panchayat”). It is the petitioner’s case that

the respondent No. 8 was the Pradhan of the said

panchayat who was removed vide order dated 25th

August, 2025 passed by the prescribed authority and

development officer, Kaliachak-II, Malda. According to

the petitioner once, the post of Pradhan fell vacant in

terms of Rule 6(1) of the West Bengal Panchayat

(Constitution) Rules, 1975 (hereinafter referred to as

WPA 1643 of 2026

the “said Rules”), the prescribed authority referred to

in Sub Rule (1) of Rule 3, is obliged to call a meeting of

the members eligible to participate under Rule 3 of

the said Rules, for the election of a Pradhan by fixing a

date, place and time and causing a written notice to

this effect in Form-1 to be served on each member at

least 7 days before the date fixed for such meeting.

By drawing attention of this Court to the statement

made in paragraph 6 of the writ petition, it is

submitted that though the notice in Form-1 is dated

19th January, 2026, the same has been served on the

family member of the petitioner only on 21st January,

2026 and accordingly 7 days clear notice in terms of

Rule 6(1) having not been given, the meeting that is

scheduled today being illegal, cannot be continued

and should be stalled.

3. Independent of the above, it is submitted that though

the position of the Pradhan fell vacant on 25th August,

2025, no steps were taken by the prescribed authority

within the ordinary period provided in Rule 6(1) of the

said Rules. The notice in Form-1 does not disclose

that the above notice has been issued with the

concurrence of the District Panchayat Election Officer

and as such the aforesaid fixing of date of meeting for

the holding of election of the Pradhan is nonest and

bad.

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WPA 1643 of 2026

4. In furtherance to the above, he submits that since, an

appeal is presently pending consideration from the

order passed by the prescribed authority removing

Pradhan, no steps ought to have been taken for filling

up the position of Pradhan. On such ground also

interference is called for.

5. Mr. Banerjee, learned advocate appearing for the State

submits on instruction that the election is already

complete. According to him, the prescribed authority

has followed all procedure for holding the above

election. Independent of the above, he submits that if

petitioner’s case is taken to be correct, even in such

case, the petitioner had received notice before 7 days

from the date fixed for holding the meeting and

accordingly no interference is called for. In any event,

he would also submit that the notice period for

holding the meeting is not mandatory and is directory.

6. Having heard the learned advocates appearing for the

parties and considering the materials on record, I find

that though the petitioner would complain that the

petitioner had been served with the election notice in

form-1, within 7 days of the date fixed for the meeting

for holding election of the Pradhan as the same was

communicated to the family members of the petitioner

on 21st January, 2026, I find that in the affidavit

affirmed by the petitioner, supporting the petition the

relevant paragraph where the above assertion has

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WPA 1643 of 2026

been made, has been affirmed as true to knowledge

and not as information derived from the concerned

relative. The name of the co