JHUNTU RAY AND ORS v. STATE OF WEST BENGAL AND ORS.
WPA/16860/2026 · 2026-07-28
Suvra Ghosh
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 30890 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 30890 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
14 jdt. 28.07.2026 jb. WPA 16860 of 2026 (Jhantu Ray & Ors. vs. State of West Bengal & Ors.)
Sarwar Jahan Mr. Mahendra Nath Sarkar Imtiaz Kabir Ms.Shalini Sen Sahina Parvin Mr. Aritra Ranjan Dutta Roy …. For the Petitioners Mr. Asim Hati Ms. Sreetoma Neogi …. For the State
Affidavits of service and supplementary affidavit filed by the petitioners and the report submitted by the State are taken on record. The Pradhan is not represented despite service. The petitioners who are members of Nimtita Gram Panchayat submitted a no confidence motion for removal of the Pradhan of the Panchayat before the Prescribed Authority on 9th June, 2026 which was received by the latter on the same date. By a notice issued on 16th June, 2026 date of meeting was fixed by the Prescribed Authority on 24th June,
2026. The private respondent/Pradhan filed a writ petition before this Court being WPA 13631 of 2026 challenging the requisition notice submitted by the petitioners herein. By an order passed on 24th June, 2026, the writ petition was dismissed. In the meantime, the Prescribed Authority, by a notice
2 issued on 23rd June, 2026 postponed the meeting scheduled on 24th June, 2026 due to non availability of police assistance. A further notice was issued by the Prescribed Authority on 9th July, 2026 fixing the date of meeting on 17th July, 2026. The said meeting was also cancelled by a notice issued on 15th July, 2026 for the same reason. 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 the police authority shall provide necessary assistance to the Prescribed Authority on the next date of the meeting fixed by the said Authority. The meeting was initially convened by the Prescribed Authority in terms of Sections 12(3) and 12(4) of the West Bengal Panchayat Act, 1973. Since it was postponed on two occasions due to reason beyond the control of the Prescribed Authority, the time frame laid down in Section 12(10) of the Act stands extended correspondingly.
The Prescribed Authority and the Block Development Officer, Samsherganj Development Block, being the 2nd respondent herein, is directed to convene the meeting within 10 days from the date of communication of this order upon service of notice
3 to the relevant parties and take the proceeding to its logical conclusion at the earliest. The Inspector in charge, Samserganj Police Station, being the 5th respondent herein, is directed to render necessary assistance to the 2nd respondent so that the meeting is held peacefully without any disturbance from any corner whatsoever. The writ petition is disposed of. There shall be no order as to costs. Since no affidavit has been invited, allegations contained in the writ petition shall be deemed not to have been admitted. Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities. (Suvra Ghosh, J.)