7 jdt. 14.08.2026 jb. WPA 19843 of 2026 (Maskina Mamtaj vs. State of West Bengal & Ors.) Mr. Mrityunjoy Chatterjee Mr. Manas Das Mrs. Suchismita Chakraborty …. For the Petitioner Mr. Partha Banerjee Mr. Amit Dey …. For the State Mr. Pawan Kumar Gupta Syed Julfikar Ali …. For the Respondent nos. 7 to 22 Affidavit of service filed on behalf of the petitioner is taken on record. The petitioner who is the Pradhan of Uttar Kusum Gram Panchayat has assailed the no confidence motions submitted by the private respondents on two- fold grounds. First, copies of two motions were received by her, one submitted on 29th July, 2026 and the other on 30th July, 2026. The petitioner is at a loss to decide which of the motions shall be responded to by her. Second, the motion submitted on 30th July, 2026 contains stigma and cannot be sustained. Learned counsel for the private respondents submits that the first motion dated 29th July, 2026 was not submitted before the Prescribed Authority at all. The second motion dated 30th July, 2026 has been submitted before the Prescribed Authority and the date 2 of meeting has been fixed by the Prescribed Authority pursuant to the said motion on 18th August, 2026 by a notice issued on 31st July, 2026. The notice only assigns reasons for removal of the Pradhan which do not fall within the definition of stigma. It appears from the notice dated 30th July, 2026 that several reasons including lack of visible development, unsatisfactory public conduct, irregular attendance and inaccessibility and failure to convene statutory meetings have been thrust upon the Pradhan as grounds for her removal. According to Mitra’s legal & Commercial Dictionary, Sixth Edition, ‘stigma’ is something that detracts from the character or reputation of a person, a mark, sign, etc. indicating that something is not considered normal or standard. It is a blemish, defect, disgrace, disrepute, imputation, mark of disgrace or shame and mark or label indicating deviation from a norm. In the context of an order of termination or compulsory retirement of a government servant stigma would mean a statement in the order indicating his misconduct or lack of integrity. The allegations raised in the motion against the Pradhan as reasons for her removal are serious in nature and definitely amount to stigma. The West Bengal Panchayat Act, 1973 does not provide for submission of explanation by the 3 Pradhan/office bearer to rebut/deny allegations raised against her. In view of the stigma against the petitioner in the motion, allowing the motion to continue may adversely affect her future political pursuits, if any. In view of the above, the motion dated 30th July, 2026 is set aside/quashed. The notice of meeting issued pursuant to the motion is also set aside/quashed. However, liberty is granted to the private respondents/requisitionists to submit a fresh motion under Section 12 of the Act. Upon receipt of such motion, the Prescribed Authority shall act in accordance with the said provision of law, particularly the time frame laid down therein. 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.)