HARUN RASHID AND ORS. v. THE STATE OF WEST BENGAL AND ORS.
WPA/15292/2026 · 2026-07-20
Suvra Ghosh
body2026
DailyLaw.ai
[ 2026 DAILYLAW 28942 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 28942 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
20.07.2026 rc/ct.no.15 Item No.36 WPA No. 15292 of 2026 Harun Rashid & Ors. Versus The State of West Bengal & Ors. Mr. Jayanta Kumar Das Mr. Gourav Das Ms. Madhumanti Das ..for the petitioners Mr. Deb Kumar Chandra …for the State Ms. Sagnika Banerjee Mr. Arkaprabho Roy Mr.Wasim Akram Ms. Sarmistha Basak …for the Private Respondent No.09 The petitioners who are the members of Malior I Gram Panchayat submitted a no confidence motion for removal of the Pradhan of the Panchayat before the Prescribed Authority on June 10, 2026 which was received by the latter on the same date. The Prescribed Authority, by a notice issued on June 08, 2026, fixed the date of meeting on June 15, 2026. However, by a subsequent notice issued on June 11, 2026, the meeting was adjourned due to non-availability of police assistance. Further date of meeting was fixed on June 30, 2026 by a notice issued on June 19, 2026. However, the said meeting was also adjourned on the same ground by a notice dated June 29, 2026. 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 private respondent/Pradhan submits that the time frame stipulated in Section 12 of the West Bengal Panchayat Act, 1973 has already expired and the motion has become infructuous. The no confidence motion was submitted on June 01, 2026 and meetings were adjourned on two occasions by the Prescribed Authority for non-availability of police assistance. Such a situation is laid down in Section 12(4) of the Act which says that such meeting shall not be adjourned or cancelled except for reason beyond control of the Prescribed Authority. Non-availability of police assistance is definitely a situation beyond control of the Prescribed Authority. In such situation an Hon’ble Division Bench of this Court, in an order passed in MAT No. 992 of 2022 on July 15, 2022, has observed that in a situation contemplate under Section 12(4) of the Act the time period of 30 days prescribed under Section 12(10) of the Act stands extended correspondingly.
In view of the above, the Prescribed Authority and Block
Development
Officer,
Harishchandrapur-II Development Block, being the 5th respondent is directed to convene the meeting within 10 days from the date of communication of this order upon service of notice to the concerned parties and take the proceeding to its logical conclusion at the earliest in accordance with law. 2
The Inspector in Charge, Harishchandrapur Police Station, being the 7th respondent herein, is directed to render necessary assistance to the 5th respondent 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. (Suvra Ghosh,J) 3