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2026 DAILYLAW 31302 (CAL)

MAMONI MAHALDAR AND ORS. v. THE STATE OF WEST BENGAL AND ORS.

WPA/18019/2026 · 2026-07-29

Suvra Ghosh

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

29.07.2026 rc/ct.no.15 Item No.34 WPA No. 18019 of 2026 Mamoni Mahaldar & Ors. Versus The State of West Bengal & Ors. Mr. Anindya Ghosh Mr. Souvik Das ..for the petitioner Mr. Nilanjan Chatterjee Ms. Renesa Dey …for the State Affidavit of service filed by the petitioner in Court today is taken on record. The Pradhan is not represented despite service. The petitioners who are the members of Mahendrapur Gram Panchayat submitted a no confidence motion for removal of the Pradhan of the Panchayat before the Prescribed Authority on July 02, 2026 which was received by the latter on July 03, 2026. By a notice issued on July 09, 2026 the Prescribed Authority fixed the date of meeting on July 21, 2026. However, by a subsequent notice issued on July 20, 2026, the meeting was postponed 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. Pursuant to the no confidence motion submitted by the petitioners, the meeting was convened by the Prescribed Authority in terms of Sections 12(3) and 12(4) of the West Bengal Panchayat Act, 1973. Since the meeting was postponed due to non-availability of police assistance, the said situation can be termed as a circumstance beyond the control of the Prescribed Authority as envisaged in Section 12(4) of the Act. In view of such postponement, the time frame set out in Section 12(10) of the Act stands correspondingly extended. The Prescribed Authority and Block Development Officer, Harishchandrapur-I Development Block, being the 8th 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 Inspector in Charge, Harishchandrapur Police Station is directed to render necessary assistance to the Prescribed Authority 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. 2 (Suvra Ghosh,J) 3