21.05.2025 Sl. No. 25 Ct.No.39 ss IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 19783 of 2024 Saddam Hossain Vs.

The State of West Bengal & Ors.

Mr. Robiul Islam Mr. Shamim ul Bari ..for the petitioner Mr. Lalit Mohan Mahata, Ld. AGP Mr. Ziaul Haque …for the State.

Affidavit of service filed on behalf of the petitioner is taken on record.

This writ petition is filed seeking direction upon the Prescribed Authority and Sub-Divisional Officer, Malda Sadar, respondent no.4, to take immediate steps to initiate and complete the disqualification proceedings for cancellation of membership of respondent nos.8 and 9 in terms of petitioner’s application dated 27^th February, 2024, within a stipulated period.

Mr. Robiul Islam, learned Advocate for the petitioner submits that despite there being representation made before the Prescribed Authority and Sub-Divisional Officer, Malda Sadar, for cancellation of membership of respondent nos.8 and 9, no steps have been taken by the Prescribed Authority in accordance with law. He seeks appropriate direction be issued upon the Prescribed Authority and Sub-Divisional Officer, respondent no.4, for taking appropriate steps.

On the contrary, Mr. Lalit Mohan Mahata, learned Additional Government Pleader submits that the application made before the Prescribed Authority and Sub-Divisional Officer, Malda Sadar, respondent no.4, dated 27^th February, 2024 has not made in accordance with Section 213A of West Bengal Panchayat Act, 1973 inasmuch as the petition has not been endorsed either by the General Secretary or the Secretary of the District unit of such recognised political party of the petitioner.

Despite service none appears on behalf of respondent nos. 8 & 9.

Upon hearing the learned Advocates for the respective parties, it is apposite to reproduce the relevant provisions under Section 213A(7) of the said Act:

“(7) The Leader of any recognised political party referred to b- section (3) may at any time file a petition endorsed by the General Secretary, or, if there is no General Secretary, the Secretary of the district unit of such recognised political party to the prescribed authority referred to in sub-section(1), stating that –

(a) one or more members of such recognised political party, have -

(i) voluntarily given up his or their membership of such recognised political party, or (ii) have exercised the voting right contrary to the manner of voting of the majority members set up by such recognised political party inn the Panchayat, or (b) the member referred to in sub-section (4) has voluntarily given up his membership of the recognised political party that set him up, or (c) the member referred to in sub-section (5) has joined a recognised political party on the expiry of six months from the date of election, and that such member or members should be declared to be disqualified under sub-section (1)

and should be removed from the Panchayat.”

Upon bare reading of the aforesaid provision it appears that the leader of any recognised political party referred to sub-section (3) of Section 213A of the Act may at any time file a petition endorsed by the General Secretary, or, if there is no General Secretary, the Secretary of the district unit of such recognised political party to the Prescribed Authority referred to in sub-

section (1) seeking disqualification of a member. On perusal of the petition dated 27^th February, 2024 filed by the petitioner before the Prescribed Authority and Sub-Divisional Officer, Malda Sadar, it appears that though it has been recommended by the District President of concerned political party but it has not been endorsed by the General Secretary or the Secretary of the district unit of such political party, thus the petition for disqualification has not been filed following the mandate of provisions of law.

Accordingly, the writ petition is disposed of granting liberty to the petitioner to file petition before the Prescribed Authority in accordance with th