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2026 DAILYLAW 27360 (CAL)

BAPPA DAS v. STATE OF WEST BENGAL AND ORS.

WPA/12136/2026 · 2026-07-09

Suvra Ghosh

body2026

Judgment text

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35-36 0099..0077..22002266 Ct. No.15 b.das WPA 5152 of 2026 + CAN 1 of 2026 Md. Samsul & Ors. Vs. The State of W. B. & Ors. With WPA 12136 of 2026 Bappa Das Vs. The State of W. B. & Ors. Mr. Gangadhar Das Mr. Tanmoy Chattopadhyay …for the petitioners in WPA 5152 of 2026 and for the respondent nos.10,13-18 in WPA 12136 of 2026. Mr. Sarwar Jahan Ms. Mousumi Mitra Ms. Shalini Sen Ms. Sahina Parvin …for the petitioner in WPA 12136 of 2026 and for the respondent nos.9-11 in WPA 5152 of 2026. Mr. Abhik Sarkar …for the State in WPA 5152 of 2026. Mr. Bijitesh Mukherjee Ms. Manisha Paswan …for the State in WPA 12136 of 2026. Mr. Joy Laha …for the respondent nos.11,12 & 19 in WPA 12136 of 2026. The petitioners in WPA 5152 of 2026 are members of Mangalbari Gram Panchayat and submitted a no confidence motion before the Prescribed Authority for removal of the Pradhan on 9th February, 2026 which was received by the latter on 12th February, 2026. No further 2 step has been taken by the Prescribed Authority in respect of the said motion. The petitioners in WPA 5152 of 2026 do not intend to proceed with the motion in view of lapse of the statutory period of time laid down under Section 12 of the West Bengal Panchayat Act and seek liberty to float a fresh no confidence motion in terms of Section 12 of the Act. Such liberty is granted. The writ petition being WPA 5152 of 2026 is dismissed as withdrawn. Liberty is granted to the petitioners to submit a fresh no confidence motion against the Pradhan of the Panchayat before the Prescribed Authority in terms of Section 12 of the Act of 1973. The Prescribed Authority is directed to deal with the same in terms of the relevant provision of law, particularly, the time frame stipulated under Section 12. The Officer in Charge of Malda Police Station, being the 8th respondent herein, is directed to render necessary assistance to the Prescribed Authority so that the meeting can be held peacefully and without any disturbance from any corner whatsoever. As a consequence the application being CAN 1 of 2026 filed by the petitioners in WPA 5152 of 2026 is disposed of. 3 In view of the order passed in WPA 5152 of 2026, the writ petition being WPA 12136 of 2026 has become infructuous and is accordingly 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.)