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Calcutta High Court · body

2026 DAILYLAW 30949 (CAL)

PINKI BEGUM v. STATE OF WEST BENGAL AND ORS.

WPA/17790/2026 · 2026-07-28

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

19 2288..0077..22002266 Ct. No.15 b.das WPA 17790 of 2026 Pinki Begum Vs. The State of W.B. & Ors. Mr. Moniruzzaman Mr. Jahangir Badsha …for the petitioner. Mr. Robiul Islam ...for the respondents. Ms. Tapasi Palit Sinha Mr. Suman Chattopadhyay …for the State. Affidavit of service filed by the petitioner is taken on record. The petitioner who is the Pradhan of Kiritipur Gram Panchayat submitted applications before the Prescribed Authority for removal of the private respondents/members of the Panchayat under Section 11(1)(d) of the West Bengal Panchayat Act, 1973 on the ground of their absence in at least three consecutive meetings of the Panchayat 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 has been stipulated for consideration of applications submitted under Section 11 of the Act of 1973 but that does not mean that the Prescribed Authority shall sit tight over the applications indefinitely. In view of the fact that the applications submitted by the petitioner have been received by the authority on 29th 2 June, 2026, the Prescribed Authority and Block Development Officer, being the 4th respondent herein, is directed to consider and dispose of the same 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 thereof. Learned counsel for the petitioner points out that a no confidence motion has been submitted by the private respondents and others for her removal under Section 12 of the Act and date of the meeting pursuant to such application has been fixed by the Prescribed Authority on 31st July, 2026. It is trite law that proceeding under Section 11 and Section 12 of the Act are independent of each other and are required to be dealt with separately. Though the private respondents against whom applications have been submitted by the Pradhan under Section 11 of the Act are signatories to the no confidence motion, they cannot be disqualified from participating in the proceeding under Section 12 of the Act until they are removed from their membership by the Prescribed Authority in dealing with the applications under Section 11 of the Act. Therefore the petitioner’s prayer for consideration of the applications under Section 11 of the Act prior to the 3 date of meeting fixed by the Prescribed Authority in respect of Section 12 of the Act cannot be considered. The private respondents shall be at liberty to participate in the meeting/proceeding until they are removed from their membership under Section 11 of the Act. 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.)