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2026 DAILYLAW 30758 (CAL)

SAHANAJ BIBI v. STATE OF WEST BENGAL AND ORS.

WPA/18242/2026 · 2026-07-28

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

16 2288..0077..22002266 Ct. No.15 b.das WPA 18242 of 2026 Sahanaj Bibi Vs. The State of W.B. & Ors. Mr. Usof Ali Dewan Mr. Asif Dewan Mr. Mehedi Masud …for the petitioner. Mr. Subhendu Banerjee Mr. Bholanath Ghosh Md. Sahanawaj Biswas ...for the respondent nos.16. Mr. D. N. Ray Mr. Madhu Jana Mr. Subhajit Das …for the State. Affidavit of service filed by the petitioner is taken on record. The petitioner who is the Sabhapati of Suti –II Panchayat Samiti has submitted applications seeking removal of the private respondents who are members of the Samiti under Section 100(1)(d) of the West Bengal Panchayat Act, 1973 on the ground of their absence in at least three consecutive meetings of the Samiti despite service of notice of the meetings upon them. The applications are yet to be considered. The petitioner seeks consideration of the same. It is a fact that no time frame is prescribed for consideration of applications submitted under Section 100 of the Act of 1973. However the Prescribed Authority 2 cannot sit over the same indefinitely only on the ground that there is no specific time frame for disposal of the same. The Sub-Divisional Officer and Prescribed Authority, Jangipur Sub-Division, being the 3rd respondent herein, is directed to consider and dispose of the applications submitted by the petitioner within three weeks from the date of communication of this order upon affording reasonable opportunity of hearing to all concerned including the petitioner and the private respondents, in accordance with law. The decision taken by the authority shall be communicated to the parties within a week thereafter. 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.)