Extracted from the PDF above. The PDF is authoritative.
45 jdt. 14.07.2026 jb.
W.P.A. 16080 of 2026 (Abdul Barek vs. State of West Bengal & Ors.)
Mr. Mrityunjoy Chatterjee Mr. Arka Roy Mr. Debabrata Adhikary …. For the Petitioner Mr. D. N.Ray Ms. Madhu Jana Mr. Vinay Choubey …. For the State Mr. Chittapriya Ghosh Ms. Priyanka Nag …. For the Respondent no. 6
The petitioner who is the Pradhan of Jalalpur Gram Panchayat has challenged the no confidence motion submitted by the private respondents/members of the Panchayat on 23rd June, 2026 on the ground that the motion is undated and was not sent to him at his residential address. Learned counsel for the private respondents is unable to produce any document to show that the notice was sent to the petitioner at his residential address in terms of Section 12(2) of the West Bengal Panchayat Act, 1973. However, the motion was admittedly received by the petitioner at the Panchayat office. In view of the same, this Court is inclined to hold that the motion is in violation of the provision laid down under Section 12(2) of the Act and is bad in law.
2 With regard to the second issue raised by the petitioner, this Court is of the view that since the time frame laid down under Section 12 of the Act starts from the date of receipt of the motion and not from the date of issuance of the same, the motion being undated does not render it invalid. In view of the observation made hereinabove, the motion is set aside/quashed. As a consequence further steps taken by the Prescribed Authority pursuant to the said motion are also quashed. However, the private respondents are at liberty to submit a fresh no confidence motion before the appropriate authority in terms of Section 12 of the Act of 1973. On receipt of such motion, the Prescribed Authority shall deal with the same in accordance with Section 12 of the Act, particularly the time frame laid down in the Act. The writ petition is disposed of. There shall be no order as to costs. Since no affidavit has been invited, allegations contained in the writ petition shall be deemed not to have been admitted. Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities. (Suvra Ghosh, J.)