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2026 DAILYLAW 27212 (CAL)

MIJAN HASAN v. STATE OF WEST BENGAL AND ORS.

WPA/13179/2026 · 2026-07-07

Suvra Ghosh

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

07.07.2026 rc/ct.no.15 Item No.47 WPA No. 13179 of 2026 Mijan Hasan Versus The State of West Bengal & Ors. Adv. Chittapriya Ghosh Adv. Priyanka Saha …for the petitioner Adv. M.S.Tiwari Adv. Piyas Chowdhury…for the respondent no.9 Adv. Madhu Jana Adv. Puja Sonkar …for the State Adv. Debapriya Majumder …for the respondent no.35 The petitioner who is one of the members of Raninagar-II Panchayat Samity submitted a no confidence motion alongwith other members, private respondents herein, before the Prescribed Authority/ Sub-Divisional Officer, Domkol for removal of the Sabhapati of the Samity on May 18, 2026 which was received by the Prescribed Authority on the same date. By a notice issued on May 22, 2026, the Prescribed Authority fixed the date of meeting on June 02, 2026. The no confidence motion was challenged by the Sabhapati in a writ petition being WPA No. 11605 of 2026. By an order passed on May 26, 2026, a coordinate Bench of this Court dismissed the writ petition and upheld the no confidence motion dated May 18, 2026. The said order was carried in appeal before an Hon’ble Division Bench of this Court and by an order passed on June 03, 2026 in MAT No. 934 of 2026, the Hon’ble Division Bench dismissed the appeal. Further notice of meeting was issued by the Prescribed Authority on June 05, 2026 fixing June 1, 2026 for the meeting. By a subsequent notice issued on June 13, 2026, the meeting was postponed due to non- availability of police assistance. A further date of meeting was fixed on June 02, 2026 by a notice issued on June 24, 2026. The said meeting was stayed by this Court by an order passed in WPA No. 11605 of 2026. In view of dismissal of the said writ petition, the petitioner seeks a direction upon the Prescribed Authority to convene the meeting and conclude the proceedings in accordance with law. Keeping in mind the time frame laid down in Section 101 of the West Bengal Panchayat Act, 1973 for conclusion of the proceeding under the said provision of law, the Prescribed Authority and Sub-Divisional Officer, Domkol Sub-Division, being the 4th respondent herein, is directed to treat the date of communication of this order as the date of submission of no confidence motion before him. He shall convene the meeting within 10 days from the date of communication of this order and take the proceeding to its logical conclusion within the timeframe stipulated in the Act. The Officer in Charge, Raninagar Police Station, being the 7th respondent herein, is directed to render necessary assistance to the 4th respondent so that the 2 meeting is held peacefully and without any disturbance from any corner whatsoever. The writ petition is disposed of. 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) 3