MD. USUP ALI AND ORS. v. STATE OF WEST BENGAL AND ORS.
WPA/18072/2026 · 2026-07-28
Suvra Ghosh
body2026
DailyLaw.ai
[ 2026 DAILYLAW 30692 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 30692 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
58 2288..0077..22002266 Ct. No.15 b.das
WPA 18072 of 2026
Md. Usup Ali & Ors.
Vs.
The State of W.B. & Ors.
Mr. Subhendu Banerjee Mr. Bholanath Ghosh Mr. Sahanawaj Biswas …for the petitioners.
Mr. Usof Ali Dewan Mr. Asif Dewan Mr. Mehedi Masud ...for the respondent no.8.
Mr. D. N. Ray Mr. Madhu Jana Mr. Subjajit Das …for the State.
Affidavit of service filed by the petitioners is taken on record. The petitioners who are members of Suti–II Panchayat Samiti submitted a no confidence motion for removal of the Sabhapati of the Panchayat Samiti before the Prescribed Authority on 7th July, 2026 which was received by the latter on the same date. By a notice issued on 9th July, 2026, the Prescribed Authority fixed the date of meeting on 22nd July, 2026. However, by a subsequent notice issued on 20th July, 2026 the said meeting was cancelled 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.
2 It appears that the meeting was convened by the Prescribed Authority in terms of Section 101(3) and 101(4) of the West Bengal Panchayat Act, 1973. Since the meeting could not be held due to non-availability of police assistance, such situation may be termed as a circumstance beyond control of the Prescribed Authority. Section 101 (4) of the Act comes into play in such a situation. In view of the above, the Prescribed Authority and Sub-Divisional Officer, Jangipur, being the 3rd respondent herein, is directed to convene the meeting upon service of notice to the relevant parties and take the proceeding to its logical conclusion at the earliest, in accordance with law. The Officer in Charge of Suti Police Station, being the 6th respondent herein, is directed to render necessary assistance to the 3rd respondent so that the meeting is held peacefully and without any disturbance from any corner whatsoever. The writ petition is disposed of accordingly. 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.)