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2026 DAILYLAW 36466 (CAL)

MD AJAHARUDDIN @ MD AZHERUDDIN v. STATE OF WEST BENGAL AND ORS.

WPA/22015/2026 · 2026-08-19

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

August 19, 2026 (23) ARDR WPA 22015 of 2026 Md. Ajaharuddin @ Md. Azheruddin Vs. The State of West Bengal & ors. Adv. Mrityunjoy Chatterjee, Adv. Manas Das, Adv. Suchismita Chakraborty, Adv. Debarnab Adhikary, …for the petitioner. Adv. Arka Bhattacharya, Adv. Banshi Badan Maity, …for the State. Affidavit of service filed by the petitioner is taken on record. Though service upon the private respondents has not been effected, the writ petition may be disposed of even in their absence. The petitioner who is the Pradhan of Bamongram Mosimpur Gram Panchayat has assailed the no confidence motion submitted by the private respondents before the Prescribed Authority on 5th August, 2025 solely on the ground that his name has been spelt differently in the motion. The official record of the Panchayat spells his name as Md. Ajaharuddin whereas the motion spells his name as Md. Azharuddin. Learned counsel submits that an earlier motion submitted by the private respondents on 3rd August, 2026 was cancelled by the Prescribed Authority since the petitioner was named as Md. Azhar Ali therein. It is a fact that the name of the petitioner has been spelt wrongly in the motion submitted on 5th August, 2026. Strangely, the petitioner’s name has been spelt as Md. Ajharuddin in the letter issued by the Prescribed Authority 2 cancelling the earlier motion and as Md. Ajaharuddin in the certificate of election (Form 24). The authority has spelt the name of the petitioner differently in these two documents. The motion spells the name as Md. Azharuddin. Therefore it can be inferred that the motion has been submitted for removal of the petitioner who can be identified by the name stated therein. No other anomaly /discrepancy in the motion or consequential steps taken by the Prescribed Authority being complained of in the writ petition and also, since the proceeding appears to be in compliance with Section 12 of The West Bengal Panchayat Act, 1973, the Prescribed Authority and the Block Development Officer, Kaliachak I Development Block, being the 5th respondent herein, is directed to hold the meeting on the date fixed, i.e., on 20th August, 2026 and take the proceeding to its logical conclusion in terms of Section 12 of the Act. The Inspector in charge, Kalicahak Police Station, is directed to render necessary assistance to the Prescribed Authority so that the meeting is held peacefully without any disturbance from any corner whatsoever. The parties are at liberty to communicate the gist of the order to the concerned authorities at the earliest. 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. 3 Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Suvra Ghosh, J.)