Research › Search › Judgment

Calcutta High Court · body

2026 DAILYLAW 26853 (CAL)

SAMPA RANI (MANDAL) SINHA v. THE STATE OF WEST BENGAL AND ORS

WPA/12235/2026 · 2026-07-03

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

34-35 0033..0077..22002266 Ct. No.15 b.das WPA 12939 of 2026 Abdul Hannan & Ors. Vs. The State of W. B. & Ors. With WPA 12235 of 2026 Sampa Rani (Mandal) Sinha Vs. The State of W. B. & Ors. Mr. Sabyasachi Chatterjee Mr. Badrul Karim Mr. Kiron Sk. Mr. Aritra Ghosh …for the petitioners in WPA 12939 of 2026. Mr. Manojit Bhattacharya Mr. Diptoraj Chakraborty Mr. Masud Mullick Mr. Munna Naskar …for the petitioner in WPA 12235 of 2026 and for the respondent no.9 in WPA 12939 of 2026. Ms. Aishwariya Rajyashree Ms. Puja Sonkar …for the State. Since the issues for consideration in both the writ petitions are inter-related, the matters are taken up together for consideration and are being disposed of by a common order. The petitioners in WPA 12939 of 2026 who are members of Kshempur Gram Panchayat floated a no confidence motion for removal of the Pradhan of the Panchayat who is the petitioner in WPA 12235 of 2026, before the Prescribed Authority. The Pradhan, on the other hand, has sought cancellation of the notice issued by the Prescribed Authority on 21st May, 2 2026 on the ground that such notice was issued prior to verification of the signatures of the requisitionists fixed on 25th May, 2026. It is a fact that the Prescribed Authority issued a notice upon the requisitionists on 19th May, 2026 fixing 25th May, 2026, for verification of their signatures. Surprisingly, a further notice was issued by the Prescribed Authority on 21st May, 2026, that is, prior to verification of the signatures of the requisitionists, fixing the date of meeting on 4th June, 2026. Such notice is obviously in derogation of Section 12(2) of the West Bengal Panchayat Act, 1973. Further, such violation is fully attributable to the Prescribed Authority and the requisitionists should not be made to suffer for the fault of the Prescribed Authority. Also, the meeting fixed on 4th June, 2026 has been cancelled by a subsequent notice issued on 2nd June, 2026. In view of the above, the Prescribed Authority and Block Development Officer, Chanchal-II Development Block, being the 5th respondent herein, is directed to convene the meeting within 10 days from the date of communication of this order upon service of notice to the relevant parties and take the proceeding to its logical conclusion within the time frame stipulated under Section 12 of the Act of 1973. Since the said time frame has already lapsed, the date of communication of this order shall be treated as the date of submission of the no confidence motion before the Prescribed Authority. 3 The Officer in Charge of Chanchal Police Station, being the 7th respondent herein, is directed to render necessary assistance to the 5th respondent so that the meeting is held peacefully and without any disturbance from any corner whatsoever. Accordingly, WPA 12939 of 2026 is allowed and WPA 12235 of 2026 is dismissed. There shall, however, be no order as to costs. Since no affidavit is invited, the allegations contained in the writ petition are deemed not to have been admitted. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Suvra Ghosh, J.)