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2026 DAILYLAW 34028 (CAL)

MD TAIRUL ISLAM AND ORS v. STATE OF WEST BENGAL AND ORS.

WPA/20992/2026 · 2026-08-21

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

29 jdt. 21.08.2026 jb. WPA 20992 of 2026 (Md Tairul Islam & Ors. vs. State of West Bengal & Ors.) Robiul Islam Sk. Jayed Hussain Mr. Raju Mondal Masooq Rahan Ms. Sumitra Das …. For the Petitioners Mr. Amaresh Bag Mr. Soumen Gayen …. For the State Usof Ali Dewan Asif Dewan Mr. Arup Sonkar …. For the Respondent no. 5 Learned counsel for the petitioners submits that the 5th respondent/Sabhapati of Suti II Panchayat Samiti filed a writ petition before this Court being WPA 18242 of 2026 seeking direction upon the concerned authority to consider the applications submitted by her against some of the members of the samiti under Section 100 (1)(d) of the West Bengal Panchayat Act, 1973. By an order passed on 28th July, 2026, this Court directed the Sub-Divisional Officer and the Prescribed Authority, Jangipur to consider and dispose of the applications within a stipulated time frame. The petitioners herein are the members whose disqualification has been sought in the applications filed under Section 100(1)(d) of the Act. The petitioners submit that show cause notice was issued upon them on 30th July, 2026 directing them to show cause within 7 days from the date of receipt of the notice as to why steps would not be taken against them under Section 2 100(1)(d) of the Act. The Prescribed Authority issued further notice on 3rd August, 2026, that is, prior to expiry of 7 days’ time granted to the petitioners and directed the petitioners to appear personally for hearing fixed on 7th August, 2026. The petitioners seek a direction upon the authority to consider their replies to the show cause notices and take a reasoned decision in accordance with law. It appears that the petitioners submitted replies to show cause notices issued upon them on 7th August, 2026 and appeared in the meeting on the same date. Though the notice of meeting was issued prior to expiry of 7 days’ time granted to the petitioners for furnishing replies to the show cause notices, the meeting was fixed after 7 days wherein the petitioners appeared and submitted their reply. No prejudice was caused to the petitioners for issuance of the notice of meeting prior to expiry of 7 days from the date of issuance of the show cause notices. Since the petitioners have submitted their replies to the show cause notices, the Prescribed Authority and Sub Divisional Officer, Jangipur, being the 3rd respondent herein, is directed to consider the replies submitted by the petitioners and pass a reasoned order upon granting reasonable opportunity of hearing to all concerned including the petitioners within two weeks from the date of communication of this order. 3 The decision taken by the authority shall be communicated to the parties within a week thereof. The writ petition is disposed of. There shall be no order as to costs. Since no affidavit has been invited, allegations contained in the writ petition shall be deemed not to have been admitted. Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities. (Suvra Ghosh, J.)