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2026 DAILYLAW 33003 (CAL)

RABIYA BIBI v. STATE OF WEST BENGAL AND ORS.

WPA/22049/2026 · 2026-08-24

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

August 24, 2026 (15) ARDR WPA 22049 of 2026 Rabiya Bibi Vs. The State of West Bengal & ors. Adv. Sukanta Chakraborty, Adv. Md. Anwar Hossain, Adv. Anindya Halder, Adv. Benajir Hasna, Adv. Ailul Islam, Adv. Sahid Haider, …for the petitioner. Adv. Robiul Islam, …for the private respondents. Adv. Sundar Gopal Bhattacharyya, Adv. Manisha Paswarn, …for the State. Report submitted by the State taken on record. The petitioner who is the Pradhan of Malihati Gram Panchayat has assailed the no confidence motion submitted by the private respondents/members of the Panchayat on the ground that though the copy of motion sent to her at the Panchayat office bears the date 10th August, 2026, the copy sent to her at her residence is undated. Therefore copy of the motion has not been sent to her at her residential address which violates Section 12(2) of The West Bengal Panchayat Act, 1973. Also, the motion has been addressed to the Pradhan instead of the Prescribed Authority which is de hors the law. It is a fact that though the motion submitted before the Prescribed Authority bears the date 10th August, 2026, the motion sent to the petitioner at her residential address is undated and therefore cannot be termed as copy of the motion submitted before the Prescribed Authority. 2 Strangely, both the copies sent to the petitioner have been addressed to her and not the Prescribed Authority. In the premises, it can be concluded that the motion is in violation of Section 12(2) of the Act of 1973 and cannot be sustained in law. The motion dated 10th August, 2026 is set aside/ quashed. Consequential steps taken by the Prescribed Authority pursuant to the motion are also set aside/quashed. However, the private respondents/members are at liberty to submit a fresh motion before the Prescribed Authority in terms of Section 12 of the Act. 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 accordingly disposed of. There shall however, be no order as to costs. Since no affidavit is invited, the allegations contained in the 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.)