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2026 DAILYLAW 35675 (CAL)

MD ANESUR RAHAMAN AND ANR v. STATE OF WEST BENGAL AND ORS.

WPA/20763/2026 · 2026-08-25

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

August 25, 2026 (4) ARDR WPA 20763 of 2026 Along with CAN 1 of 2026 Md. Anesur Rahaman & anr. Vs. The State of West Bengal & ors. Adv. Pankaj Halder, Adv. Omar Faruk Gazi, Adv. Pratikur Rahaman, …for the petitioners. Adv. Arkadeb Biswas, Adv. Debarati Roy Chowdhury, …for the private respondents. Adv. Shikha P. howdhury, …for the State. Since the applicants in CAN 1 of 2026 have already been added as party respondents in the writ petition, they choose not to press the application. CAN 1 of 2026 is dismissed as not pressed. Report submitted by the State is taken on record. The no confidence motion submitted by the private respondents has been assailed by the petitioners on the ground that copy of the motion was neither served upon the 2nd petitioner/Sahakari Sabhapati at the official address, nor sent to her at her residential address in terms of Section 101(2) of The West Bengal Panchayat Act, 1973. Learned counsel for the private respondents admits that copy of the motion was not served/sent to the Sahakari Sabhapati in terms of Section 101(2) of the Act. Unfortunately, the Prescribed Authority, while issuing notice of the meeting under Section 101(3) of the Act, has not satisfied himself that the motion conforms to the requirements of sub section (2) of the Act. 2 In view of the above, the no confidence motion submitted by the private respondents as well as all consequential steps taken by the Prescribed Authority pursuant to the said motion are quashed/set aside. This Court is informed that the meeting has been held and the result is withheld as per direction of this Court. Since the motion, notice of hearing as well as the meeting are quashed, the result arrived at in the meeting has become infructuous. However, liberty is granted to the private respondents/members of the Panchayat Samiti to submit a fresh no confidence motion in terms of Section 101 of the Act of 1973. In the event such motion is submitted, the Prescribed Authority shall deal with the same in accordance with the said provision of law, particularly the time frame stipulated therein. The writ petition is accordingly disposed of. There shall however, be no order as to costs. Since no affidavit is invited, the allegations contained in the 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.)