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2026 DAILYLAW 22840 (CAL)

REHANA BIBI v. STATE OF WEST BENGAL AND ORS.

WPA/12336/2026 · 2026-06-10

Raja Basu Chowdhury

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2 10.06.2026 sb Ct.3. IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 12336 of 2026 Rehana Bibi Versus The State of West Bengal & Ors. Mr. Biswaroop Bhattacharya Mr. Amanul Islam Mr. Oishik Chatterjee Mr. Sourav Mukherjee Mr. Priyankar Ganguly Mrs. Neelanjana Ghorui … For the petitioner. Mrs. Aparna Banerjee Mr. Atanu Basu … For the State. 1. The present writ petition has been filed, inter alia, challenging the notice issued by the requisitionists, who are all members of Rajarampur Ghoraikshetra Gram Panchayat, seeking removal of the Pradhan. 2. The petitioner, who is the Pradhan, inter alia, challenged the aforesaid requisition notice for removal on the ground that such notice is stigmatic. 3. Having heard the learned advocates appearing for the respective parties, I find that in the aforesaid notice the requisitionists have clearly indicated their intention to seek removal of the Pradhan by recording that they have lost confidence in the Pradhan. It has also been stated that they seek removal of the person who is presently incumbent to the post of Pradhan of the concerned Gram Panchayat. 2 WPA 12336 of 2026 4. After considering such document, I find such letter dated 26th May, 2026 seeking removal of the Pradhan under no circumstance can be said to be stigmatic notice. The provisions of sub-section (2) of Section 12 of the West Bengal Panchayat Act, 1973 in no uncertain terms requires the requisitionists or the intending members who seek removal of Pradhan or Upa- Pradhan to introduce a motion in writing expressing lack of confidence or recording their intention to remove the Pradhan or Upa-Pradhan. 5. Having regard to the above, since the aforesaid requisition notice clearly expressed the intention of the requisitionists to seek removal of the Pradhan, and there being no aspersion against the Pradhan apart from seeking her removal, the same in my view does not constitute a stigma. On such ground, I am unable to accept the submissions advanced by Mr. Bhattacharya, learned advocate representing the petitioner. 6. The writ petition fails and stands dismissed. The concerned prescribed authority shall be at liberty to give effect of the meeting already held. (Raja Basu Chowdhury, J.)