MD. KAMAL HOSSAIN AND ORS. v. STATE OF WEST BENGAL AND ORS.
WPA/15014/2026 · 2026-07-07
Suvra Ghosh
body2026
DailyLaw.ai
[ 2026 DAILYLAW 26881 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 26881 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
10 jdt. 07.07.2026 jb.
WPA 15014 of 2026 (Md. Kamal Hossain & Ors. vs. State of West Bengal & Ors.)
Mr. Pratip Kr. Chatterjee Ms. Maitrayee Chatterjee …. For the Petitioners Mr. Madhu Jana Mr. Subhajit Das …. For the State
Affidavit of service filed on behalf of the petitioners is taken on record. The 8th respondent is not represented despite service. The petitioners are the members of Farakka Panchayat Samiti and floated a no confidence motion before the Prescribed Authority and Sub Divisional Officer, Jangipur Sub Division on 9th June, 2026 which was received by the latter on the same date. By a notice issued on 16th June, 2026, the Prescribed Authority fixed the date of meeting on 29th June, 2026. However, by a subsequent notice issued on 28th June, 2026 the meeting was cancelled due to non availability of police force. The petitioners seek a direction upon the Prescribed Authority to convene the meeting and conclude the proceeding in accordance with law. The time frame laid down under Section 101 of the West Bengal Panchayat Act, 1973 for removal of the Sabhapati of the Panchayat is about to expire.
2 Since the meeting could not be held due to no fault on the part of the petitioners, they cannot be made to suffer for cancellation of the meeting by the Prescribed Authority. The Prescribed Authority and Sub Divisional Officer, Jangipur Sub Division, being the 5th respondent herein, is directed to consider the date of communication of this order as the date of submission of no confidence motion before him and convene the meeting within 10 days from the date of communication of this order and take the proceeding to its logical conclusion in terms of the time frame stipulated under Section 101 of the Act. The Inspector in Charge, Farakka Police Station, being the 7th respondent herein, is directed to render necessary assistance to the 5th respondent so that the meeting is held peacefully without any disturbance from any corner whatsoever. The writ petition is disposed of. There shall be no order as to costs. Since no affidavit has been invited, allegations contained in the writ petition shall be deemed not to have been admitted. Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities. (Suvra Ghosh, J.)