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2026 DAILYLAW 27745 (CAL)

NURJAHAN BIBI AND ORS v. STATE OF WEST BENGAL AND ORS.

WPA/15756/2026 · 2026-07-14

Suvra Ghosh

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

14.07.2026 rc/ct.no.15 Item No.26 WPA No. 15756 of 2026 Nurjahan Bibi & Ors. Versus The State of West Bengal & Ors. Mr. Moniruzzaman Mr. Jahangir Badsha ..for the petitioners Mr. Anup Dasgupta Mr. Abhisek Addya …for the State Affidavit of service filed by the petitioners is taken on record. The Pradhan/Panchayat is not represented despite service. The petitioners are members of Padam Kandi Gram Panchayat and submitted a no confidence motion for removal of the Pradhan of the Panchayat before the Prescribed Authority on June 12, 2026. The Prescribed Authority by a notice issued on June 19, 2026, fixed the date of meeting on July 02, 2026. However, by a subsequent notice issued on June 25, 2026, the meeting was postponed due to non-availability of police assistance. Though the Pradhan is not represented, this Court, on perusal of the no confidence motion finds that the motion contains stigma against the Pradhan. The motion alleges lack of transparency of the Pradhan in developmental work and non cooperation with other members. Such allegation is definitely stigmatic. Section 12 of the West Bengal Panchayat Act, 1973 does not provide any opportunity to the Pradhan to deny/oppose such allegation. The motion containing such allegation cannot continue since it may adversely affect the future political pursuits, if any, of the Pradhan. In view of the above, the no confidence motion submitted on June 12, 2026 is bad in law and is quashed. However, liberty is granted to the petitioners to submit a fresh no confidence motion before the Prescribed Authority in terms of Section 12 of the Act. On receipt of such motion, the Prescribed Authority and Block Development Officer, Khargram Block, being the 5th respondent herein, shall consider and dispose of the same in terms of Section 12 of the Act, particularly, the time frame stipulated therein. The Officer in Charge, Khargram Police Station, being the 6th 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. 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. 2 (Suvra Ghosh,J) 3