PANKAJ MAJHI AND ORS. v. STATE OF WEST BENGAL AND ORS.
WPA/18271/2026 · 2026-07-29
Suvra Ghosh
body2026
DailyLaw.ai
[ 2026 DAILYLAW 31103 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 31103 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
29.07.2026 rc/ct.no.15 Item No.37 WPA No. 18271 of 2026 Pankaj Majhi & Ors. Versus The State of West Bengal & Ors. Mr. Usof Ali Dewan Mr. Asif Dewan Mr. Mehedi Masud ..for the petitioner Mr. Sukanta Chakraborty Md. Anwar Hossain Mr. Benajir Haska Mr. Anindya Halder Mr. Aliul Islam …for the respondent no. 9 Mrs. Aishwarya Rajyashree …for the State Affidavit of service filed by the petitioner in Court today is taken on record. The petitioners who are the members of Suti -I Panchayat Samity submitted a no confidence motion for removal of the Sabhapati of the Samity before the Prescribed Authority on July 07, 2026 which was received by the latter on the same date. By a notice issued on July 13, 2026 the Prescribed Authority fixed the date of meeting on July 23, 2026. However, by a subsequent notice issued on July 20, 2026, the meeting was cancelled due to non- availability of police assistance. The petitioners seek a direction upon the Prescribed Authority to convene a meeting and conclude the proceeding in accordance with law. Learned counsel for the Sabhapati/private respondent submits that the notice has been issued in Form 1E though it ought to have been issued in Form 2A of the West Bengal Panchayat (Constitution) Rules, 1975. The notice is therefore bad in law and is required to be quashed. It appears that the meeting fixed by the notice issued on July 13, 2026 has already been cancelled. The notice, therefore, cannot be acted upon and is not in force any longer. Since the meeting was cancelled by the Prescribed Authority due to non-availability of police assistance it can be termed as a reason beyond control of the authority. The provision laid down under Section 101(4) of the Act of 1973 comes into play. In view of cancellation of the meeting by the Prescribed Authority, the time frame laid down in Section 101(10) of the Act stands correspondingly extended. The Prescribed Authority and Sub-Divisional Officer, Jangipur, being the 5th respondent herein is directed to convene the meeting within 10 days from the date of communication of this order upon service of notice to all the parties concerned and take the proceeding to its logical conclusion at the earliest, in accordance with law.
The Officer in Charge, Suti Police Station is directed to render necessary assistance to the Prescribed Authority 2
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