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2026 DAILYLAW 36192 (CAL)

RITA GHOSH AND ORS v. STATE OF WEST BENGAL AND ORS.

WPA/22956/2026 · 2026-08-27

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

29 jdt. 27.08.2026 jb. WPA 22956 of 2026 (Rita Ghosh & Ors. vs. State of West Bengal & Ors.) Sarwar Jahan Mr. Sayantan Hazra Ms. Shalini Sen Sahina Parvin …. For the Petitioners Mr. Arka Bhattacharyya …. For the State Affidavit of service filed on behalf of the petitioners is taken on record. Learned counsel for the petitioners submits that the petitioners are members of Bedrabad Gram Panchayat and submitted a no confidence motion for removal of the Pradhan of the Panchayat alongwith other members on 18th May, 2026 before the Prescribed Authority. The then Pradhan, in turn, filed an application before the Prescribed Authority for removal of the petitioners as members of the Panchayat on the ground of their absence in three consecutive meetings of the Panchayat, under Section 11 (1) (d) of the West Bengal Panchayat Act, 1973. In the meantime, the Pradhan resigned for which the meeting fixed for his removal was cancelled. The members of the Panchayat including the petitioners filed an application before the Prescribed Authority seeking necessary steps for election of the new Pradhan. Since the application was not considered, the members approached this Court in a writ petition being WPA 20989 of 2026 wherein by an 2 order passed on 14th August, 2026 this Court directed the Prescribed Authority to take necessary steps for election of the Pradhan and Upa Pradhan at the earliest within a stipulated time frame. Pursuant thereto, the Prescribed Authority fixed this day, that is, 27th August, 2026 for election of the new Pradhan and Upa Pradhan by a notice issued on 19th August, 2026. In the meantime, the applications filed by the erstwhile Pradhan under Section 11(1) (d) of the Act were taken into consideration and the petitioners were removed from their membership by an order passed on 12th August, 2026. The said order was communicated to the petitioners through the Block Development Officer on 21st August, 2026. Learned counsel submits that no show cause notice was issued upon the petitioners in terms of Section 11(1) (d) of the Act prior to consideration of the applications. The petitioners were informed about the order on 21st August, 2026 and preferred separate appeals against the same in terms of Section 11(2) of the Act on 24th August, 2026 which are pending. The petitioners seek a direction upon the Appellate Authority to dispose of the appeals expeditiously and seek liberty to participate in the meeting scheduled today. Section 11(1) of the Act stipulates that the Prescribed Authority may, after giving an opportunity to a member of Gram Panchayat to show cause against the 3 action proposed to be taken against him, by order remove him from office on the grounds stated in the said provision. Herein, no such opportunity to show cause was granted to the petitioners by the Prescribed Authority as is evident from the documents on record. The Prescribed Authority, by a notice issued on 11th August, 2026 intimated the date of hearing to the petitioners but for reasons best known to him, did not grant them liberty to submit a show cause as contemplated under Section 11(1) of the Act. Immediately after receipt of the order passed by the Prescribed Authority, the petitioners preferred appeals which are pending. Allowing the meeting to be conducted this day shall prejudicially affect the petitioners since they shall not be permitted to participate in the meeting despite pendency of their appeals before the appellate forum. In view of the above, this Court is inclined to hold that the meeting ought to be stayed till the appeals preferred by the petitioners are disposed of by the Appellate Authority. Accordingly, the meeting fixed this day be stayed till disposal of the appeals. The Appellate Authority and the District Magistrate, Malda being the 2nd respondent herein is directed to consider and dispose of the appeals as expeditiously as possible upon granting reasonable 4 opportunity to all concerned including the petitioners, in accordance with law. 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.)