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2026 DAILYLAW 33467 (CAL)

TOYEBA BIBI v. STATE OF WEST BENGAL AND ORS.

WPA/22435/2026 · 2026-08-21

Suvra Ghosh

body2026

Judgment text

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05 2211..0088..22002266 Ct. No.15 b.das WPA 22435 of 2026 Toyeba Bibi Vs. The State of W.B. & Ors. Mr. Samim Ahammed Ms. Saloni Bhattacharjee Mr. Nazimuddin Siddiquee Ms. Huma Shakil …for the petitioner. Mr. Sundar Gopal Bhattacharya Mr. Rhitam Chatterjee …for the State. Affidavit of service filed by the petitioner is taken on record. The petitioner who is one of the members of Bhagabanpur Gram Panchayat has assailed the notice of meeting issued by the Prescribed Authority on 12th August, 2026 fixing the date of meeting for election of a new Pradhan on 21st August, 2026 on the ground that seven clear days’ notice was not available to the petitioner between service of notice and the date fixed for the meeting. Learned counsel for the petitioner takes this Court to a document showing receipt of the notices by some of the members which demonstrates that some of the members received the notice on 18th August, 2026 and others on 19th August, 2026. In view of the above, this Court is inclined to hold that the notice issued by the Prescribed Authority for 2 election of new Pradhan and the meeting fixed for the same is dehors the provision laid down under Rule 6(1) of the West Bengal Panchayat (Constitution) Rules, 1975. The notice dated 12th August, 2026 is set aside/quashed. Liberty is granted to the Prescribed Authority to convene the meeting in terms of Section 6(1) of the 1975 Rules with concurrence of the District Panchayat Election Officer. 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.)