MD. KHALILUR RAHAMAN v. STATE OF WEST BENGAL AND ORS.
WPA/18348/2026 · 2026-08-07
Suvra Ghosh
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 33999 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 33999 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
11 0077..0088..22002266 Ct. No.15 b.das
WPA 18348 of 2026
Md. Khalilur Rahaman
Vs. The State of W.B. & Ors. Mr. Ekramul Bari Sk. Imtiaj Uddin …for the petitioner. Mr. P. S. Deb Barman Md. Nouroz Rahber Mr. Debangana Dey Mr. Rishav Dev Barman
...for the private respondents. Ms. Koyeli Bhattacharya Ms. Ritu Das
…for the State. Affidavit of service filed by the petitioner is taken on record. The petitioner who is the Pradhan of Jaingaon Gram Panchayat has assailed the notice of meeting issued by the Prescribed Authority pursuant to a no confidence motion submitted by the private respondents and also prayed for direction upon the authority to consider and dispose of the application filed by him under Section 11(1)(d) of the West Bengal Panchayat Act, 1973 against the 5th respondent. Learned counsel for the petitioner does not press prayer (b) of the application since the meeting has been postponed by a notice issued by the Prescribed Authority on 5th August, 2026. 2 The petitioner has filed an application under Section 11(1)(d) of the Act before the Prescribed Authority on 9th July, 2026 and seeks consideration of the same. Opposing such prayer, learned counsel for the private respondents submits that there is no provision in Section 11(1) of the Act to submit such application before the Prescribed Authority. It is a fact that Section 11(1) authorizes the Prescribed Authority to issue a show cause upon a member of the Panchayat against the action proposed to be taken against him and by order remove him from office on several grounds as laid down under the said provision. Since the application has been filed by the Pradhan under the said provision of law, it is for the Prescribed Authority to decide whether the application is tenable in law. In view of the fact that the application is still pending, the Prescribed Authority and Block Development Officer, Goalpokher-I Development Block, being the 2nd respondent herein, is directed to consider and dispose of the same within four weeks from the date of communication of this order upon affording reasonable opportunity of hearing to all concerned including the petitioner and the private respondents, in accordance with law. The writ petition is disposed of accordingly. There shall, however, be no order as to costs. 3 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.)