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2026 DAILYLAW 34294 (CAL)

SAHANUR BIBI MOLLA v. STATE OF WEST BENGAL AND ORS.

WPA/21262/2026 · 2026-08-18

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

18.08.2026 rc/ct.no.15 Item No.10 WPA No. 21262 of 2026 Sahanur Bibi Molla Versus The State of West Bengal & Ors. Adv. Sarwar Jahan Adv. Mahendra Nath Sarkar Adv. Shalini Sen Adv. Sahina Parvin ..for the petitioner Adv. Subhajit Das …for the State Adv. Mukteswar Maity Adv. Manika Sarkar …for the respondent no.8 Affidavit of service filed by the petitioner is taken on record. None appears for the State despite service. Mr. Subhajit Das, learned advocate, who usually appears on behalf of the State and is present in Court today, is requested to represent the State in this matter. The concerned authority is requested to regularise his appointment in this matter. The petitioner is directed to serve a copy of this application along with annexure thereto upon Mr. Subhajit Das in course of this day. The petitioner is the Pradhan of Gazipur Gram Panchayat. Learned counsel for the petitioner submits that the no confidence motion submitted by the private respondents for removal of the petitioner was served upon the Secretary of the Panchayat and sent to her residential address. However, she was not found in her residential address for which the motion could not be served upon her therein. She requested the Secretary of the Panchayat to hand over a copy of the motion to her by a letter written to him but to no effect. She informed the same to the Block Development Officer by a letter issued on August 11, 2026. Learned counsel has also submitted that the motion contains stigma against the petitioner and cannot be sustained. Learned counsel for the private respondents submits, in his usual fairness, that the motion contains stigma. In view of the above, the motion submitted by the private respondents on August 05, 2026 is set aside/quashed. As a consequence, the notice of meeting issued by the Prescribed Authority on August 10, 2026 and the meeting fixed on August 19, 2026 pursuant to the motion are also set aside/quashed. However, liberty is granted to the private respondents to submit a fresh motion in terms of Section 12 of the Act. In the event such motion is submitted, the Prescribed Authority shall act in terms of the said provision of law, particularly the timeframe stipulated therein. The writ petition is disposed of. There shall, however, be no order as to costs. 2 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) 3