SAJAHAN SK @ SEKH AND ORS. v. STATE OF WEST BENGAL AND ORS.
WPA/18668/2026 · 2026-08-12
Suvra Ghosh
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 33883 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 33883 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
August 12, 2026 (25) ARDR WPA 18668 of 2026
Sajahan Sk@ Sekh & ors. Vs. The State of West Bengal & ors. Adv. Md. Sahanwaj Biswas, Adv. Subhendu Banerjee, Adv. Bhabanath Ghosh, …for the petitioners. Adv. Falguni Banerjee, Adv. Riya Ballav, …for the State. Affidavit of service filed by the petitioners is taken on record. The Panchayat and the Pradhan are not represented despite service. The petitioners who are the members of Bajitpur Gram Panchayat submitted a no confidence motion for removal of the Pradhan of the Panchayat before the Prescribed Authority on 22nd June, 2026 which was received by latter on the same day. By a notice issued on 23rd June, 2026, the Prescribed Authority fixed the date of meeting on 2nd July, 2026. However, by a subsequent notice issued on 30th June, 2026, the meeting was cancelled 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. Learned counsel for the State submit that there may be a direction for convening the meeting on any date. It appears that pursuant to the motion submitted by the petitioners, the Prescribed Authority fixed the date of
2 meeting in terms of Sections 12(3) and 12(4) of The West Bengal Panchayat Act, 1973. The meeting could not be held due to non availability of police assistance which can be termed as a reason beyond control of the Prescribed Authority. Such a situation is contemplated under Section 12(4) of the Act of 1973. A similar issue has been dealt with by an Hon’ble Division Bench in MAT 993 of 2022 and by an order passed on 15th July, 2023 the Hon’ble Division Bench has held that if a meeting is adjourned for reasons beyond the control of the Prescribed Authority, the time period of thirty days prescribed in Section 12(10) of the Act also stands extended correspondingly. In the present case, the meeting was fixed by the Prescribed Authority within the statutory period of time and was adjourned/cancelled due to reasons beyond his control.
In view of the above, the Prescribed Authority and the Block Development Officer, Suti II Development Block, being the 4th 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 the necessary parties and take the proceedings to its logical conclusion at the earliest, in accordance with law. The Officer in charge, Suti Police Station, being the 5th respondent herein, is directed to render necessary assistance to the 4th respondent so that the meeting is held peacefully and without any disturbance from any corner whatsoever. 3 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.)