34 3300..0077..22002266 Ct. No.15 b.das WPA 17098 of 2026 Sagorika Sarkar (Biswas) & Ors. Vs. The State of W.B. & Ors. Mr. Sarwar Jahan Mr. Mahendra Nath Sarkar Ms. Shahin Parveen Ms. Shalini Sen Mr. Aritra Ranjan Dutta Roy …for the petitioners. Mr. Tanmoy Chattopadhyay Mr. Joy Laha ...for the respondent no.7. Mr. Dibasis Ghosh Mr. Sanjit Singh …for the State. On prayer of the petitioners, liberty is granted to implead the Inspector in Charge, English Bazar Police Station as respondent no.8 in the writ petition. The cause title of the writ petition be amended accordingly. Since the State is represented, service of notice upon the added respondent is dispensed with. Supplementary affidavit filed by the petitioners is taken on record. The petitioners are members of Malda Zilla Parishad and submitted a no confidence motion for removal of the Sabhadhipati of the Zilla Parishad before the Prescribed Authority on 15th June, 2026, pursuant to which date of meeting was fixed by the Prescribed Authority on 25th June, 2026 by a notice issued on 15th June, 2026. By a subsequent notice issued on 23rd June, 2026, the 2 Secretary, Malda Zilla Parishad, on direction, informed postponement of the meeting due to non-availability of police assistance. 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 private respondent/ Sabhadhipati submits that the notice postponing the meeting ought to be quashed/set aside since the same has been issued by the Secretary, Malda Zilla Parishad who is not the Prescribed Authority to deal with the no confidence motion submitted by the petitioners. Providing police assistance is not a pre-requisite to the meeting and the meeting cannot be postponed on such ground. Also, the report submitted by the State indicates that the request for security arrangement was made by the Additional District Magistrate, Malda and the Additional Executive Officer, Malda Zilla Parishad and not the Prescribed Authority. The said officials have no nexus with a motion under Section 146 of the West Bengal Panchayat Act, 1973 and had no authority to make such request. I have considered the rival submission of the parties. Pursuant to the no confidence motion submitted by the petitioners date of meeting was fixed by the Prescribed Authority/Divisional Commissioner, Malda Division, Malda on 15th June, 2026 by a notice issued on 15th June, 2026. The notice postponing the said meeting was issued by the 3 Secretary, Malda Zilla Parishad pursuant to direction of the concerned authority. The decision for postponement of the meeting was conveyed upon approval of the Prescribed Authority under the Act. It appears that the request for security arrangement for meeting was made by the Additional District Magistrate, Malda and the Additional Executive Officer, Malda. The report does not indicate whether such request was made upon approval of the Prescribed Authority. However, since the communication made by the police authority was conveyed by the Secretary, Malda Zilla Parishad upon approval of the Prescribed Authority such notice cannot be said to be invalid/bad in law merely on the ground that the request for police assistance was not made by the Prescribed Authority himself. Such objection raised by the private respondent is hyper technical and cannot stand in the way of the no confidence motion or the meeting. In fact, it can be held that since the meeting was postponed due to non-availability of police assistance, this is a situation beyond control of the Prescribed Authority, and Section 146 (4) of the Act of 1973 comes into play. It has been held by this Court on several occasions that in such a case, the time frame laid down under Section 146(10) of the Act stands correspondingly extended. In view of the above, the Prescribed Authority and Divisional Commissioner, Malda Division, Malda, being the 4 3rd respondent herein, is directed to convene the meeting within 10 days from the date of communication of this order upon service of notice to the parties concerned and take the proceeding to its logical conclusion at the earliest, in accordance with law. The Inspector in Charge of English Bazar Police Station, being the 8th respondent herein, is directed to render necessary assistance to the 3rd respondent so that the meeting is held peacefully and without any hindrance from any corner whatsoever. 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.)