Extracted from the PDF above. The PDF is authoritative.
23 0099..0077..22002266 Ct. No.15 b.das
WPA 15779 of 2026
Aziza Khatun
Vs. The State of W. B. & Ors. Mr. Avinaba Patra Mr. Daipayan Kundu …for the petitioner. Mr. Partha Banerjee Mr. Abhi Dutta
…for the State. Affidavit of service filed by the petitioner is taken on record. The private respondents are not represented despite service. The petitioner who is the Pradhan of Sujapur Gram Panchayat has assailed the no confidence motion floated by the private respondents/members of the Panchayat on 23rd June, 2026 and the subsequent procedure adopted by the Prescribed Authority on the ground that the notice convening the meeting was not issued within 5 working days of receipt of the motion and is in contravention of Section 12 (2) of the West Bengal Panchayat Act, 1973. Learned counsel for the State submits that the procedure and time frame laid down in the said provision of law have been followed by the Prescribed Authority. It appears that the no confidence motion was issued on 23rd June, 2026. The date of receipt of the motion by the Prescribed Authority is not found on record. Notice
2 was issued by the Prescribed Authority for verification on 29th June, 2026 fixing the date of verification on 2nd July,
2026. The notice convening the meeting was issued on 2nd July, 2026 fixing the date of meeting on 10th July,
2026. Even if it is held that the motion was received by the Prescribed Authority on the date of issuance of the same, that is, on 23rd June, 2026, the date of issuance of the notice of meeting (2nd July, 2026) was on the 6th day of such receipt. However, the date of receipt of the notice is not on record. Therefore the notice of meeting issued on the 6th day, that is, a day after completion of 5 working days from receipt of the motion cannot be held to be invalid. The date of meeting has been fixed tomorrow, that is, on 10th July, 2026. In view of the fact that the Prescribed Authority has fixed such date in conformity with Section 12 of the Act, the notice does not call for interference by this Court. The writ petition is devoid of any merit and is accordingly dismissed.
Since the date of meeting has been fixed by the Prescribed Authority on 10th July, 2026, the Inspector in Charge, Kaliachak Police Station, being the 11th respondent herein, is directed to render necessary assistance to the Prescribed Authority so that the meeting is held peacefully and without any disturbance from any corner whatsoever. 3 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.)