Research › Search › Judgment

Calcutta High Court · body

2026 DAILYLAW 34476 (CAL)

AJIJ MONDAL AND ORS. v. STATE OF WEST BENGAL AND ORS.

WPA/18631/2026 · 2026-08-13

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

13.08.2026 rc/ct.no.15 Item No.39 WPA No. 18631 of 2026 Ajij Mondal & Ors. Versus The State of West Bengal & Ors. Mr. Sayan Banerjee Ms. Suparna Dutta Ms. Tusi Naskar ..for the petitioners Mr. Nilanjan Chatterjee Mr. Priyanka Shukla Ms. Swati Singh …for the State Supplementary affidavit filed by the petitioners is taken on record. The petitioners who are members of the Hatkhola Gram Panchayat submitted a no confidence motion for removal of the Upa Pradhan of the Panchayat before the Prescribed Authority on July 08, 2026 which was received by the latter on the same date. By a notice issued on July 13, 2026, the Prescribed Authority fixed the date of meeting on July 22, 2026. However, by a subsequent notice issued on July 20, 2026, the Prescribed Authority informed that the police was unable to provide assistance for maintenance of law and order in the meeting. The petitioners seek a direction upon the Prescribed authority to convene the meeting and conclude the proceeding in accordance with law. It is a fact that the no confidence motion is not under challenge before this Court. However, on perusal of the motion, it appears that several allegations have been made by the petitioners against the Upa Pradhan in the motion. The motion can be termed as stigmatic. The West Bengal Panchayat Act, 1973 does not provide an opportunity to the officer bearers to defend themselves in the event allegations are raised against them in a motion. The motion containing stigma against the office bearer cannot be allowed to sustain since it may adversely affect the future political pursuits of the person. In view of the above, the motion submitted on July 08, 2026 is set aside/quashed. However, the petitioners are at liberty to submit a fresh motion before the Prescribed Authority in terms of Section 12 of the Act. On receipt of such motion, the Prescribed Authority shall act in accordance with Section 12 of the Act of 1973, particularly the timeframe stipulated therein. The writ petition is disposed of. There shall, however, be no order as to costs. 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) 2