MD SENAUL HOQUE AND ORS v. STATE OF WEST BENGAL AND ORS.
WPA/12492/2026 · 2026-07-08
Suvra Ghosh
body2026
DailyLaw.ai
[ 2026 DAILYLAW 27349 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 27349 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
July 8, 2026 (64) ARDR WPA 12492 of 2026
Md. Senaul Hoque & ors. Vs. The State of West Bengal & ors. Adv. Sarwar Jahan, Adv. Anindya Ghosh, Adv. Souvik Das, …for the petitioners. Adv. Chitta Ranjan Chakraborty, Adv. Parvej Anam, Adv. Sumit Banerjee, Adv. Puspa Jaiswara, …for the private respondent nos. 11 & 12. Adv. D. N. Ray, Ld. G.P., Adv. Atanu Basu, Adv. Puja Sonkar, …for the State. The Prescribed Authority and the Block Development Officer, Kaliachak Development Block is present in Court and submits an explanation as called for by this Court. The substance of the explanation is ignorance of law. Such ignorance cannot be an excuse. It is shocking to note that after the order passed by this Court on 29th June, 2026, a fresh requisition has been submitted by the petitioners before the Prescribed Authority/Block Development Officer on the same date, i.e. on 29th June, 2026. Learned counsel for the petitioners submits that the Prescribed Authority himself called the petitioners to his office and invited the application. He has recorded his satisfaction with regard to submission of the application and has fixed 13th July, 2026 for the meeting. This Court fails to understand under what authority the Prescribed Authority could invite a fresh requisition
2 when the Court is in seisin of the earlier requisition notice. The second requisition filed on 29th June, 2026 is not in conformity with the provision laid down under Section 12(2) of the West Bengal Panchayat Act, 1973 since it does not contain the party affiliation of the requisitionists/ members. The Prescribed Authority has invited the same and fixed a date of meeting without recording his satisfaction under Section 12(2) of the Act only to save his skin before this Court. The Court takes serious exception to the conduct of the Block Development Officer. Since the first requisition notice has not been acted upon within the stipulated time frame and the second requisition notice is not in accordance with Section 12 of the Act of 1973, both the notices are set aside/quashed. The petitioners are at liberty to submit a fresh requisition notice before the Prescribed Authority in terms of Section 12 of the Act. On receipt of the same, the Prescribed Authority shall deal with the same in terms of the said provision of law, particularly, the time frame laid down therein.
Any further lapse on the part of the Prescribed Authority/Block Development Officer shall be dealt with sternly. The Inspector in charge, Kaliachak Police Station, being the 10th respondent herein, is directed to render necessary assistance to the Prescribed Authority so that the meeting fixed by the Authority is held peacefully and without any disturbance from any corner whatsoever. The writ petition is accordingly disposed of. There shall however, be no order as to costs. 3 Since no affidavit is invited, the allegations contained in the 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. Personal appearance of the Prescribed Authority/ Block Development Officer is dispensed with. (Suvra Ghosh, J.)