Extracted from the PDF above. The PDF is authoritative.
23 2255..0088..22002266 Ct. No.15 b.das
WPA 18477 of 2026
Jesmin Khatun
Vs.
The State of W. B. & Ors.
Mr. Prantik Ghosh …for the petitioner.
Ms. Mary Datta Ms. Sneha Chatterjee
…for the State.
Report submitted by the State is taken on record. The petitioner who is the Pradhan of Sayestanagar-I Gram Panchayat has assailed the no confidence motion submitted by the private respondents/members of the Panchayat on 17th July, 2026.
Learned counsel for the petitioner submits that the post of Pradhan in the relevant Panchayat is reserved for backward classes in terms of the notification issued by the District Magistrate and District Panchayat Election Officer, North 24 Parganas on 7th December, 2022. Since none of the members/requisitionists belong to the backward class, they cannot be elected as Pradhan of the Panchayat which is reserved for backward classes.
Learned counsel places reliance on the notification issued by the Government of West Bengal on 18th May, 2026 pursuant to the order passed by an Hon’ble Division Bench of this Court on 22nd May, 2024, in WPO 60 of 2011 with WPA 22145 of 2010 with WPA 8844 of 2020 with WPO 1160 of 2013 with WPO 578 of 2012 wherein
2 66 classes included in the State List of OBCs prior to 2010 for the purpose of availing reservation under article 16(4) of the Constitution of India, were not interfered with and distribution of percentage of reservation as 10% for OBC (Category A) and 7% for OBC (Category B) were struck down. Report submitted by the State records that the meeting for removal of the Pradhan was held on 31st July, 2026 and a resolution has been arrived at for removal of the Pradhan. It is a fact that the post of Pradhan in the concerned Panchayat is reserved for backward classes. However, the requisitionists who do not belong to the reserved category were at liberty to submit the no confidence motion for removal of the Pradhan. No other reason has been assigned by the petitioner in assailing the motion. The meeting has been held and a resolution taken for removal of the Pradhan. However, the resolution has not been given effect to in view of the order passed by this Court on 28th July, 2026. In view of the fact that no ground has been stated by the petitioner for quashing/setting aside the no confidence motion or consequent steps taken thereto and also, since the entire proceeding has followed the provision laid down under Section 12 of the West Bengal Panchayat Act, 1973, the writ petition is devoid of any merit and is liable to be dismissed. 3 The writ petition is accordingly dismissed. The Prescribed Authority is at liberty to give effect to the resolution taken in the meeting held on 31st July,
2026. However, the Prescribed Authority should consider the notification dated 18th May, 2026 of the Government of West Bengal in the proceeding initiated for election of the new Pradhan. 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.)