MURTUJ ALI MANDAL v. STATE OF WEST BENGAL AND ORS.
WPA/21171/2026 · 2026-08-20
Suvra Ghosh
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 32864 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 32864 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
06 2200..0088..22002266 Ct. No.15 b.das
WPA 21171 of 2026
Murtuj Ali Mandal
Vs.
The State of W.B. & Ors.
Mr. Mrityunjay Chatterjee Ms. Suchismita Chakraborty Mr. Debarnab Adhikary …for the petitioner.
Mr. Manas Das ..for the respondent nos.10 to 22.
Mr. Amarendra Chakraborty Mr. Sanju Agarwal
…for the State.
Affidavit of service filed by the petitioner is taken on record. The 9th respondent is not represented despite service. The petitioner and the added respondents who are members of Raninagar–I Gram Panchayat submitted a no confidence motion for removal of the Pradhan of the Panchayat before the Prescribed Authority on 27th July,
2026. By a notice issued on 3rd August, 2026, the Prescribed Authority fixed the date of meeting on 11th August, 2026. However by a subsequent notice issued on 10th August, 2026, the said authority has adjourned the meeting due to non-availability of police assistance. The petitioner seeks a direction upon the Prescribed Authority to convene the meeting and conclude the proceeding in accordance with law.
2 It appears that the meeting was convened by the Prescribed Authority pursuant to the no confidence motion in terms of Section 12(3) and 12(4) of the West Bengal Panchayat Act, 1973. The meeting could not be held since the police authority failed to provide requisite police force to maintain law and order in the meeting. Such situation can be termed as a situation beyond control of the Prescribed Authority and is contemplated in Section 12(4) of the Act. An identical issue has been dealt with by an Hon’ble Division Bench of this Court in MAT 992 of 2022 wherein by an order passed on 15th July, 2022, the Hon’ble Division Bench has observed that when a meeting fixed by the Prescribed Authority is postponed due to non-availability of police personnel and to ensure that there is no law and
order problem, this is a situation contemplated under Section 12(4) of the Act. If a meeting is adjourned for reasons beyond control of the Prescribed Authority, the time period of 30 days prescribed under sub-section 10 of Section 12 of the Act stands extended correspondingly. In view of the above, it can be held that since the meeting has been postponed due to reasons beyond control of the Prescribed Authority, the time frame laid down under Section 12(10) of the Act also stands extended correspondingly. The Prescribed Authority and Block Development Officer, Raninagar-I Development Block, being the 7th
3 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 relevant parties and take the proceeding to its logical conclusion at the earliest, in accordance with law. The Officer in Charge of Raninagar Police Station, being the 6th respondent herein, is directed to render necessary assistance to the 7th respondent so that the meeting is held peacefully and without any disturbance 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.)