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2026 DAILYLAW 26582 (CAL)

MANDIRA SAHA v. ABDUR RASHID GAZI

MAT/1061/2026 · 2026-07-07

Shampa Sarkar, Smita Das De

body2026

Judgment text

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07.07.2026 Court No. 12 Item No. 30 Sandip IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION APPELLATE SIDE M.A.T. 1061 of 2026 IA No : CAN 1 of 2026 Mandira Saha -Versus- Abdur Rashid Gazi Mr. Prantik Ghosh, Ms. Poulami Saha …..for the appellant. Mr. Shahan Shah, Ms. Maria Rahaman ….for the respondent. 1) We dispose of the appeal, inter alia, directing that, in the order dated June 18, 2026, paragraphs 5 and 8 be deleted. 2) We are of the view that the observations made in the contempt proceeding against the Pradhan will have a repercussion on her tenure. The Pradhan is an elected representative of the people. The people elect the gram panchayat members and the members unanimously elect their Pradhan. The order impugned directs removal of the Pradhan. Removal of the Pradhan is governed by the provisions of Section 12 of the West Bengal Panchayat Act, 1973. 3) The authority to punish the Pradhan for non-compliance of the directions of Her Lordship, must be in consonance with the provisions of the Contempt of Courts Act. 4) Accordingly, the appeal and the application are disposed of with the above observations. 5) Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings. (Shampa Sarkar, J.) (Smita Das De, J.) 2