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2026 DAILYLAW 31326 (CAL)

MD JIYAUL HOQUE v. STATE OF WEST BENGAL AND ORS.

WPA/18724/2026 · 2026-07-30

Suvra Ghosh

body2026

Judgment text

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July 30, 2026 (24) ARDR WPA 18724 of 2026 Md. Jiyaul Hoque Vs. The State of West Bengal & ors. Adv. Mahua Naskar, …for the petitioner. Adv. Falguni Bhadyopadhyay, Adv. Asit Kumar Dey, Adv. Riya Ballav, …for the State. Supplementary affidavit filed by the petitioner is taken on record. The petitioner who is one of the members of Ratua II Panchayat Samity seeks a direction for police assistance for holding the meeting fixed by the Prescribed Authority this day, i.e. on 30th July, 2026 at 12.00 noon. Ten members of the Panchayat Samity submitted a no confidence motion for removal of the petitioner/ Shabhapati of the Samity before the Prescribed Authority on 13th July, 2026 which was received by the authority on the same day. By a notice issued on 17th July, 2026, the Prescribed Authority fixed the date of meeting today, i.e., on 30th July, 2026. Though the private respondent/Shabhapati alleges that copy of the motion was not served/sent to him in terms of Section 101(2) of The West Bengal Panchayat Act, 1973, the documents submitted by the petitioner indicate that copy of the motion was served upon the private respondent at his official address and sent to his residential address in terms of Section 101(2) of the Act. Learned counsel for the State submits that the meeting be deferred since the police authority is unable to 2 deploy sufficient force at the venue this day since they are engaged in providing force for election of Pradhan in Sreepur II Gram Panchayat in terms of an order passed by this Court. In view of the fact that the meeting has been fixed today at 12.00 noon, the Officer in charge, Pukhuria Police Station, being the 7th respondent herein, is directed to render necessary assistance to the private respondent so that the meeting is held peacefully without any disturbance from any corner whatsoever. In the event the police force at Pukhuria Police Station is not adequate to provide such assistance, the Officer in charge shall make necessary arrangement for deployment of police from the reserved force. Since the order needs to be communicated to the police authority, the meeting scheduled to be held at 12.00 noon shall be held at 3.00 pm. this day. The State is directed to communicate the gist of this order to the police authority at once. The writ petition is accordingly disposed of. There shall however, be no order as to costs. Since no affidavit is invited, the allegations contained in the 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.)