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2026 DAILYLAW 28624 (CAL)

BIJOY MANDAL AND ORS v. STATE OF WEST BENGAL AND ORS.

WPA/12540/2026 · 2026-07-14

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

July 14, 2026 (50) ARDR WPA 12540 of 2026 Bijoy Kumar Mondal & ors. Vs. The State of West Bengal & ors. Adv. Sarwar Jahan, Adv. Sayantan Hazra, Adv. Shalini Sen, Adv. Sahina parvin, Adv. Emrul Kayes, …for the petitioners. Adv. D. N. Ray, Ld. G.P., Adv. Madhu Jana, Adv. Puja Sonkar, …for the State. The Prescribed Authority is present in Court and submits an explanation in the form of affidavit as called for. The explanation is far from satisfactory. This Court take serious exception to the conduct of the Prescribed Authority and issues a caution to him that such act is not repeated in future. The no confidence motion was submitted before the Prescribed Authority by the petitioners/members of the Panchayat on 1st June, 2026 and received by the Prescribed Authority on 2nd June, 2026. No step was taken by the authority pursuant to the said motion. The petitioners approached this Court in the present writ petition on 9th June, 2026, i.e. on the fifth working day after receipt of the motion by the Prescribed Authority. After a report was called for by this Court from the State vide order passed on 12th June, 2026 and extension of time to submit the report was sought by the State on 22nd June, 2026, notice of verification was issued by the Prescribed Authority on 19th June, 2026 fixing 30th June, 2026 for 2 verification of the signatures of the petitioners. No notice of meeting has yet been issued. Since the time frame laid down under Section 12 of the Act has already expired, the Prescribed Authority shall treat this day as the date of verification of the motion and take the proceeding to its logical conclusion in terms of Section 12 of the Act, particularly, the time frame laid down therein. The Inspector in charge, Baishnabnagar Police Station, being the 9th 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. Personal appearance of the Prescribed Authority is dispensed with. (Suvra Ghosh, J.)