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2026 DAILYLAW 32442 (CAL)

MD KHYALILUR RAHAMAN v. STATE OF WEST BENGAL AND ORS.

WPA/22193/2026 · 2026-08-21

Suvra Ghosh

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

21.08.2026 rc/ct.no.15 Item No.17 WPA No. 22193 of 2026 Md. Khalilur Rahaman Versus The State of West Bengal & Ors. Adv. Sarwar Jahan Adv. M. Nazar Chowdhury Adv. Farheen Rais Adv. Yousuf Hassan ..for the petitioner Adv. Atanu Basu Adv. Ankana Sarkar …for the State Adv. Md. Nauroz Rahber Adv. Muhammad Jawwad Adv. Shahin Parveen Adv. Jenifar Jinnu…for the respondent nos. 5 to 11 The petitioner who is the Pradhan of Jaingaon Gram Panchayat seeks cancellation/withdrawal of the notice issued by the Prescribed Authority on August 14, 2026 fixing the date of meeting on August 24, 2026 on the ground that the earlier date fixed by the Prescribed Authority was postponed in violation of the provisions laid down under the West Bengal Panchayat Act, 1973 and the second meeting has been fixed after expiry of the time limit laid down under Section 12(10) of the Act. It is settled law that a meeting can be postponed by the Prescribed Authority under Section 12(4) of the Act on two grounds – pursuant to an order or direction by a competent Court and for any other reason beyond the control of the Prescribed Authority. In the case in hand, the meeting was postponed by the Prescribed Authority on the ground of pendency of a writ petition before this Court wherein the subject matter was an application under Section 11(1)(d) of the Act which has no nexus whatsoever with Section 12 of the Act. Since the said reason assigned for postponement of the meeting does not find place in the Act of 1973, there is no provision for extension of the time period laid down under Section 12(10) of the Act of 1973. In view of the above, the motion submitted on July 20, 2026, the notice issued on August 14, 2026 and the meeting fixed on August 24, 2026 are quashed/set aside. However, liberty is granted to the private respondents to submit a fresh motion in terms of Section 12 of the Act. In the event such motion is submitted the Prescribed Authority shall deal with the same according to the said provision of law, particularly the timeframe stipulated therein. 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) 2 3