32 jdt. 19.08.2026 jb. WPA 19860 of 2026 (Inzamul Hoque vs. State of West Bengal & Ors.) Mr. Mahendranath Sarkar Imtiaz Kabir …. For the Petitioner Ms. Reshmi Bothra Ms. Debopam Roy …. For the State Mr. Pratip Kr. Chatterjee Mr. Probal Sarkar Ms. Maitrayee Chatterjee …. For the Respondent nos. 4 to 15 The petitioner who is the Pradhan of Sahajadpur Gram Panchayat has assailed the no confidence motion submitted by the members of the Panchayat/private respondents herein on 24th July, 2026 solely on the ground that it contains stigma. Denying such contention learned counsel for the private respondents submits that the motion only expresses the dissatisfaction of the members towards the performance of the Pradhan which cannot be termed as stigma. Learned counsel has placed reliance on an authority in State of West Bengal vs. Tapas Roy reported in AIR OnLine 2006 Supreme Court and an order passed by an Hon’ble Division of this Court on 3rd June, 2026 in MAT 934 of 2026. There is no quarrel with the authorities referred to by the private respondents. The Hon’ble Supreme Court, in the authority in State of West Bengal (supra) has held that in order to constitute a stigmatic order necessitating a formal inquiry, it would have to be seen whether prior to the passing of the order, there was an inquiry into the allegations involving moral turpitude or misconduct so that the order of discharge was really a finding of guilt. The fact situation in the present case can be distinguished from that of the said authority. The ratio decidendi of the judgment has no manner of application herein. An Hon’ble Division Bench of this Court has dealt with a similar issue in MAT 29 of 2023 and by a judgment delivered on 3rd February, 2023, has recorded the definition of ‘stigma’ according to Mitra’s Legal and Commercial Dictionary, 6th Edition. It defines stigma as something that detracts from the character or reputation of a person, a mark, sign, etc. indicating that something is not considered normal or standard. It is a blemish, defect, disgrace, disrepute, imputation, mark of disgrace or shame and mark or label indicating deviation from a norm. In the context of an order of termination or compulsory retirement of a government servant stigma would mean a statement in the order indicating his misconduct or lack of integrity. The Concise Oxford Dictionary, 11th Edition, defines ‘stigma’ as a mark of disgrace associated with a particular circumstance, quality or person. In the present case, the private respondents have expressed their dissatisfaction towards the administrative work of the Pradhan on the ground that the decisions and working procedure of the Pradhan are adversely affecting the 2 development work and members of the Panchayat are not being given sufficient importance. Such allegation raised against the Pradhan squarely falls within the definition of stigma as stated hereinabove, more so, since the Act does not provide an opportunity to the Pradhan to rebut/deny the allegations raised against her. If such allegations are allowed to remain, it may adversely affect the future pursuit of the petitioner. In view of the above, this Court is inclined to hold that the motion contains stigma against the petitioner and cannot sustain in the eye of law. The motion submitted on 24th July, 2026 is set aside/quashed. Any consequential step taken by the Prescribed Authority pursuant to the said motion is also set aside/quashed. On prayer of the private respondents, liberty is granted to submit a fresh motion before the Prescribed Authority in terms of Section 12 of the West Bengal Panchayat Act, 1973. In the event such motion is submitted, the Prescribed Authority shall act in terms of the said provision of law, particularly the time frame 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. 3 (Suvra Ghosh, J.) 4