MARJINA BIBI AND ORS v. STATE OF WEST BENGAL AND ORS.
WPA/15769/2026 · 2026-07-14
Suvra Ghosh
body2026
DailyLaw.ai
[ 2026 DAILYLAW 27922 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 27922 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
July 14, 2026 (28) ARDR WPA 15769 of 2026
Marjina Bibi & ors. Vs. The State of West Bengal & ors.
Adv. Robiul Islam, Adv. Sk. Jayed Hossain, Adv. Raju Mondal, Adv. Masooq Rahman, …for the petitioners. Adv. K. M. Hossain, …for the respondent no.8. Adv. Bhabani Prasad Mukherjee, Adv. Ritu Das, …for the State.
Affidavit of service filed by the petitioners is taken on record. The petitioners who are the members of Moya Gram Panchayat submitted a no confidence motion for removal of the Upa Pradhan of the Panchayat before the Prescribed Authority on 22nd June, 2026 which was received by the latter on the same date. No step has been taken by the Prescribed Authority pursuant to the said motion. The petitioners seek necessary direction upon the Prescribed Authority in this regard.
Learned counsel for the private respondent/Pradhan submits that since the meeting has not been convened by the Prescribed Authority in terms of Section 12(4) of the West Bengal Panchayat Act, 1973, the motion has become invalid and can no longer be acted upon. It is most unfortunate to note that the Prescribed Authority is oblivious of the provision laid down under Section 12 of the Act of 1973. It is a fact that sub sections (3) and (4) of Section 12 of the Act have not been adhered
2 to by him. However, since the petitioners have submitted the no confidence motion for removal of the Pradhan and the expiry of the said date is attributable to the Prescribed Authority, the petitioners cannot be made to suffer for no fault on their part. The time frame stipulated under Section 12 of the Act is about to expire. In view of the above, the Prescribed Authority and the Block Development Officer, Lalgola Block, being the 5th respondent herein, is directed to treat the date of communication of this order as the date of submission of no confidence motion and deal with the same strictly in accordance with Section 12 of the Act, particularly, the time frame stipulated therein. The Officer in charge, Lalgola Police Station is
directed to render necessary assistance to the Prescribed Authority in holding the meeting so that the meeting is held peacefully without any disturbance from any corner. The writ petition is accordingly disposed of. There shall however, be no order as to costs. 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. (Suvra Ghosh, J.)