GOUTAM HALDER AND ORS v. STATE OF WEST BENGAL AND ORS.
WPA/20818/2026 · 2026-08-21
Suvra Ghosh
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 33201 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 33201 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
28 jdt. 21.08.2026 jb. WPA 20818 of 2026 (Goutam Halder & Ors. vs. State of West Bengal & Ors.)
Shahan Shah Sk. Abumusu Ms. Sanjita Sarkar …. For the Petitioners Mr. Dipankar Mondal Abdul Aziz Mondal …. For the Respondent no. 8 Ms. Tapasi Palit Sinha Mr. Suman Chattopadhyay …. For the State
Affidavit of service filed on behalf of the petitioners is taken on record. The petitioners who are members of Bali-I Gram Panchayat submitted a no confidence motion for removal of the Pradhan of the Panchayat before the Prescribed Authority on 19th June, 2026 which was received by the latter on the same date. By a notice issued on 29th June, 2026, the date of meeting was fixed on 13th July, 2026. The Prescribed Authority, by a letter issued on 29th June, 2026 requested the Officer in Charge, Nowda Police Station to deploy adequate police personnel for the meeting so that the meeting could be conducted peacefully. By a letter issued on 30th June, 2026, the Officer in Charge requested the Prescribed Authority to defer the meeting due to apprehension of breach of peace and disturbance of public order during such proceeding. The Prescribed Authority was constrained to postpone the meeting in view of such
2 request made by the police authorities. The petitioners seek a direction upon the authority to convene the meeting and conclude the proceeding in accordance with law. Since the meeting was postponed by the Prescribed Authority on the ground of non availability of police assistance, such a situation is contemplated in Section 12(4) of the West Bengal Panchayat Act, 1973. In dealing with a similar issue, an Hon’ble Division Bench of this Court by an order passed on 15th July, 2022 in MAT 992 of 2022 has observed that when the meeting convened by the Prescribed Authority is postponed due to non availability of adequate police personnel, such a situation is contemplated in Section 12(4) of the Act. If the meeting is adjourned for reasons beyond the control of the Prescribed Authority, the time period of 30 days prescribed in Section 12(10) of the Act also stands extended correspondingly. In view of the above, this Court is inclined to hold that the time period of 30 days stand extended in the present case since the meeting was postponed due to reason beyond the control of the Prescribed Authority.
The Prescribed Authority and the Block Development Officer, Nowda, being the 4th respondent herein, is directed to convene the meeting within 10 days from the date of communication of this order upon service of notice to all concerned and take the
3 proceeding to its logical conclusion at the earliest, in accordance with law. The Officer in Charge, Nowda Police Station, being the 6th respondent herein, is directed to render necessary assistance to the Prescribed Authority so that the meeting is held peacefully without any disturbance from any corner whatsoever. 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.)