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2026 DAILYLAW 28180 (CAL)

ASRAFUL SK AND ORS v. STATE OF WEST BENGAL AND ORS.

WPA/14865/2026 · 2026-07-14

Suvra Ghosh

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

July 14, 2026 (51) ARDR WPA 14865 of 2026 Asraful Sk & ors. Vs. The State of West Bengal & ors. Adv. Robiul Islam, Adv. Masooq Rahman, …for the petitioners. Adv. Prithu Dudhoria, Adv. Nilanjan Bhattacharya, …for the State. Affidavit of service filed by the petitioners and the report submitted by the State are taken on record. The Panchayat is not represented despite service. The petitioners who are the members of Jajigram Gram Panchayat submitted a no confidence motion for removal of the Pradhan of the Panchayat before the Prescribed Authority on 12th June, 2026 which was received by latter on the same date. By a notice issued on 17th June, 2026, the Prescribed Authority fixed the date of meeting on 30th June, 2026. However, by a subsequent notice issued on 25th June, 2026, the meeting was postponed due to non availability of police assistance. The petitioners seek a direction upon the Prescribed Authority to convene the meeting and conclude the proceeding in accordance with law. Learned counsel for the State submits that since the time frame stipulated under Section 12 of the West Bengal Panchayat Act, 1973 has expired, the Prescribed Authority may be directed to convene the meeting and conclude the proceeding in accordance with law. 2 It is a fact that the time frame laid down under Section 12 of the Act has expired. At the same time, since the meeting was adjourned by the Prescribed Authority due to circumstances beyond his control, the time frame shall be deemed to have been correspondingly extended. The Prescribed Authority and the Block Development Officer, Murarai II Development Block, being the 5th respondent herein, is directed to convene the meeting within ten days from the date of communication of this order treating the motion dated 12th June, 2026 to be valid and take the proceeding to its logical conclusion in accordance with law. The Officer in charge, Paikar Police Station, being the 6th respondent herein, is directed to render necessary assistance to the Prescribed Authority so that the meeting is held peacefully without any disturbance from any corner whatsoever. 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.)