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2026 DAILYLAW 32867 (CAL)

HALIMA BANU v. STATE OF WEST BENGAL AND ORS.

WPA/17371/2026 · 2026-08-07

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

09 0077..0088..22002266 Ct. No.15 b.das WPA 17371 of 2026 + CAN 1 of 2026 Halima Banu Vs. The State of W.B. & Ors. Mr. Sarwar Jahan Mr. Anindya Ghosh Mr. Souvik Das …for the petitioners. Mr. Mrityunjay Chatterjee Mr. D. Adhikary ..for the respondent nos.27, 28 & 29. Mr. Gangadhar Das Mr. Tanmoy Chattopadhyay …for the applicants in CAN 1 of 2026. Mr. Anindya Sundar Das Mr. Shaunak Ghosh Mr. Biswanath Banerjee …for the State. Report submitted by the State is taken on record. In Re: CAN 1 of 2026 The applicants seek to be impleaded as party- respondents in the writ petition. Heard learned counsels for the parties. The application is allowed on consent. The applicants be added as respondent nos.11 to 26 in the application. An inadvertent error has crept into the order passed on July 22, 2026. In the said order the name of learned advocate appearing for the State “Biswajit Banerjee” be read as “Biswanath Banerjee”. 2 The Department is directed to incorporate necessary correction in the said order accordingly. This order be treated as part of the order dated July 22, 2026. On prayer of the petitioner, liberty is granted to implead Royesha Bibi, Nilufer Khatun and Ambari Bibi as added respondent nos.27, 28 and 29 in the writ petition. The cause title of the writ petition be amended accordingly. Since the added respondents are represented, service of notice upon them is dispensed with. The petitioner a member of Alipur–II Gram Panchayat and assailed the notice issued by the Prescribed Authority on 14th July, 2026 rescheduling the meeting which was earlier fixed on 14th July, 2026 and cancelled by a notice issued on 13th July, 2026. The notice of meetings issued by the Prescribed Authority on 2nd July, 2026 was assailed by the Pradhan of the Panchayat in a writ petition being WPA 15816 of 2026 wherein the parties made their respective submission. The matter was reserved for judgment with an observation that since the meeting was fixed on that day, that is, 14th July, 2026, the decision taken by the Prescribed Authority would be kept in abeyance till disposal of the writ petition. The writ petition has been disposed of by a judgment delivered on 3rd August, 2026. A communication was made to the Prescribed Authority by the State that this Court directed that the 3 meeting must be held on 14th July, 2026 but the result would not be published till the final order of the Court. Pursuant thereto, the Prescribed Authority issued a fresh notice cancelling the earlier notice dated 13th Juluy, 2026 and fixing the meeting on the same date, that is, on 14th July, 2026. Learned counsels for the parties submit that the members were not served with the 2nd notice of the meeting issued on 14th July, 2026. The petitioner says that since the meeting was already cancelled by the order passed by this Court on 14th July, 2026 it could not have been rescheduled by the Prescribed Authority by a notice issued on the same date. Learned counsel for the State denies and disputes the contention of the petitioner. When the matter was taken up for consideration on 14th July, 2026, this Court was not informed that the meeting was already cancelled by a notice issued on 13th July, 2026. On the impression that the meeting was scheduled to be held on 14th July, 2026, this Court directed that the decision taken by the Prescribed Authority would be kept in abeyance till disposal of the writ petition. Since the meeting was already cancelled on the previous date, there was no scope for the Prescribed Authority to either reschedule the meeting or keep the decision in abeyance in terms of the order of this Court. 4 However, the respondent nos.11 to 26 seek liberty to submit fresh motions for removal of the Pradhan and Upa Pradhan of the Panchayat in terms of Section 12 of the Act. Such liberty is granted. In the event the motions are submitted by the said respondents, the Prescribed Authority is directed to deal with the same strictly in accordance with Section 12 of the Act, particularly the time frame stipulated therein. The Inspector in Charge of Kaliachak Police Station, being the 10th respondent herein, is directed to render necessary assistance to the Prescribed Authority 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.)