NUR ISLAM AND ORS v. STATE OF WEST BENGAL AND ORS.
WPA/21936/2026 · 2026-08-24
Suvra Ghosh
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 33569 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 33569 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
August 24, 2026 (14) ARDR WPA 21936 of 2026
Nur Islam & ors. Vs. The State of West Bengal & ors.
Adv. Robiul Islam, Adv. Raju Mondal, Adv. Jayed Hossain, Adv. Asmita Mitra, …for the petitioners. Adv. Anjan Chakraborty, Adv. Sanjit Singh, Adv. Avantika Chakraborty, …for the State.
Affidavits of service filed by the petitioner are taken on record. The 5th and 6th respondents are not represented despite service.
Learned counsel for the petitioners submits that the petitioners who are members of Malibari Gram Panchayat submitted a no confidence motion for removal of the Pradhan of the Panchayat before the Prescribed Authority on 30th July, 2026, pursuant to which the Prescribed Authority, by a notice issued on 5th August, 2026, fixed the date of meeting on 13th August, 2026. The meeting was cancelled by a notice issued on 12th August, 2026 due to non availability of police assistance. The petitioners seek a direction upon the Prescribed Authority to convene the meeting and conclude the proceeding in accordance with law. It appears that the Prescribed Authority requested for police assistance before the Officer in charge, Raninagar Police Station so that law and order could be maintained in
2 the meeting scheduled on 13th August, 2026. By a letter issued on 11th August, 2026, the police authority expressed inability to provide such assistance. Such a situation is contemplated under Section 12(4) of The West Bengal Panchayat Act, 1973 since it is a situation beyond control of the Prescribed Authority. A similar situation has been dealt with by an Hon’ble Division Bench of this Court in MAT 992 of 2022 wherein by an order passed on 15th July, 2022, the Hon’ble Division Bench has held that in a situation when the Prescribed Authority requests police assistance to ensure that there is no law and order problem in the meeting and the meeting is postponed due to non availability of such assistance, this is a situation contemplated under Section 12(4) of the Act of 1973 and in such case, the time period of thirty days prescribed in Section 12(10) of the Act stands extended correspondingly. In view of the above, the Prescribed Authority and Block Development Officer, Raninagar II Block, being the 3rd respondent herein, is directed to convene the meeting within ten days from the date of communication of this
order upon service of notice to all concerned and take the proceeding to its logical conclusion at the earliest, in accordance with law. The Officer in charge, Raninagar Police Station, being the 4th respondent herein, is directed to render necessary assistance to the Prescribed Authority so that the meeting
3 is held peacefully without any hindrance from any corner whatsoever. 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.)