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2026 DAILYLAW 33566 (CAL)

RABAN MANDAL v. STATE OF WEST BENGAL AND ORS.

WPA/21164/2026 · 2026-08-18

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

8 jdt. 18.08.2026 jb. WPA 21164 of 2026 (Raban Mandal vs. State of West Bengal & Ors.) Mr. Mrityunjoy Chatterjee Mr. Manas Das Mrs. Suchismita Chakraborty …. For the Petitioner Mr. Sundar Gopal Bhattacharyya Ms. Srutti Dutta …. For the State Md. Wasim Akram …. For the Respondent nos. 5-14 The petitioner who is the Pradhan of Sahabajpur Gram Panchayat has assailed the no confidence motion submitted by the private respondents/members of the Panchayat for his removal on two fold grounds. First, the private respondents submitted a motion on 10th July, 2026 which was served upon him in terms of Section 12 of the West Bengal Panchatyat Act, 1973. He subsequently learnt that another motion was submitted by the private respondents on 20th July, 2026 during subsistence of the first motion, without cancelling the same. Though the State has produced a document which suggests that the Prescribed Authority cancelled the no confidence motion dated 10th July, 2026 by a memo issued on 17th July, 2026 the said document has been manufactured during pendency of the writ petition, more so since two of the members received the 2 document only on 17th August, 2026. Second, copy of the motion submitted on 20th July, 2026 was not served upon him at the office or sent to him at his residential address. Learned counsels for the State and the private respondents deny and the dispute the allegations raised by the petitioner. It appears that the Prescribed Authority, by a letter issued on 17th July, 2026 cancelled the no confidence motion submitted on 10th July, 2026 in view of violation of Section 12 of the West Bengal Panchayat Act, 1973. It is a fact that two of the members were served the said notice on 17th August, 2026, that is, after a month of issuance of the same. However, since the notice appears to have been issued on 17th July, 2026, it can be inferred that the motion submitted on 10th July, 2026 was cancelled after which the second motion swas submitted on 20th July, 2026. Learned counsel for the private respondents has produced documents which demonstrate that copy of the motion dated 20th July, 2026 was served upon the petitioner at the Panchayat office which was received by the Secretary and sent to him at his residential address in compliance with Section 12(2) of the Act. Therefore this Court is inclined to hold that the motion is in conformity with Section 12 of the Act of 1973 and does not require interference by this Court. 3 Since the meeting is scheduled to be held this day at 2 pm, the Inspector in Charge, Kaliachak police station is directed to render necessary assistance to the Prescribed Authority so that the meeting is held peacefully without any disturbance from any corner whatsoever and there is no breach of law and order. 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. Parties are at liberty to communicate the gist of the order to the concerned authorities at the earliest. (Suvra Ghosh, J.)