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2026 DAILYLAW 36462 (CAL)

SUDAKSHINA MONDAL BARDHAN v. STATE OF WEST BENGAL AND ORS.

WPA/21650/2026 · 2026-08-28

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

August 28, 2026 (31) ARDR WPA 21650 of 2026 Sudakshina Mondal Bardhan Vs. The State of West Bengal & ors. Adv. Debabrata Chatterjee, Adv. Sandip Sarkar, Adv. Simanta Kabir …for the petitioner. Adv. Avik Pramanick, …for the private respondent no.7. Adv. Sk. Anwar Ali, Adv. Manoj Kumar Roy Adv. Ruma Bera, …for the respondent nos. 8 to 21. Adv. Tapas Kumar Chatterjee, Adv. Souvik Sen, …for the State. Report submitted by the State is taken on record. Heard learned counsels for the parties. It is enumerated in Section 12(3) of The West Bengal Panchayat Act, 1973 that on receipt of the motion, the Prescribed Authority shall specially convene, by issue of notice, within five working days of receipt of the motion, a meeting to be held in its office fixing the date and hour of the meeting and sending such notice to each of the existing members at least before clear seven days of the said date. The no confidence motion was submitted by the private respondents/requisitionists on 22nd June, 2026. The notice of meeting was issued by the Prescribed Authority on 28th July, 2026 which is within five working days from the date of receipt of the motion. The meeting was fixed on 7th August, 2026, i.e., upon clear seven days notice being given to the members including the Pradhan/ petitioner in terms of Section 12(3) of the Act. The date of receipt of the notice by the petitioner is recorded as 1st 2 August, 2026 which is not relevant in terms of Section 12(3). Since it is evident that the notice was issued/sent on 28th July, 2026, it can be held to be in compliance with Section 12(3) of the Act. This Court is informed that the meeting has been held and the petitioner attended the said meeting. She was removed from the post of the Pradhan and 31st August, 2026 has been fixed by the Prescribed Authority for electon of the new Pradhan. In the said backdrop, this Court is inclined to hold that the writ petition is devoid of merit and is therefore dismissed. The Officer in charge, Baduria Police Station, is directed to render necessary assistance to the Prescribed Authority so that the meeting is held peacefully without any hindrance from any corner whatsoever. A copy of the order be communicated to the police authority by the parties at the earliest. 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.)