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2026 DAILYLAW 33150 (CAL)

RUKIYA BIBI v. STATE OF WEST BENGAL AND ORS.

WPA/21176/2026 · 2026-08-18

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

18.08.2026 rc/ct.no.15 Item No.12 WPA No. 21176 of 2026 Rukiya Bibi Versus The State of West Bengal & Ors. Adv. Sarwar Jahan Adv. Mahendra Nath Sarkar Adv. Shalini Sen Adv. Sahina Parvin ..for the petitioner Adv. Indradeep Pal Adv. Sougata Pal Das …for the State Adv. Mukteswar Maity Adv. Manika Sarkar …for the respondent no.8 Affidavit of service filed by the petitioner is taken on record. The petitioner who is the Upa Pradhan of Gazipur Gram Panchayat has assailed the no confidence motion submitted by the private respondents on the ground that the motion contains stigma against the petitioner. Learned counsel for the private respondents submits, in his usual fairness, that the language used in the motion is stigmatic. It is settled law that a motion which contains stigma against the office bearer whose removal is sought cannot sustain in the eye of law. In view of the above, the motion submitted by the private respondents before the Prescribed Authority is set aside/quashed. The notice of meeting issued by the Prescribed Authority pursuant to the motion and the meeting fixed on August 20, 2026 are also set aside/quashed. 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 act in terms of the said provision of law, particularly the timeframe stated 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