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2026 DAILYLAW 36517 (CAL)

PROBODH MAL v. STATE OF WEST BENGAL AND ORS.

WPA/22653/2026 · 2026-08-25

Suvra Ghosh

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

19 jdt. 25.08.2026 jb. WPA 22653 of 2026 (Probodh Mal vs. State of West Bengal & Ors.) Moniruzzaman Jahangir Badsha …. For the Petitioner Asif Dewan Mehedi Masud …. For the Respondent no. 7 Mr. Shiv Shankar Banerjee Mr. Bikash Kumar Sriwastav Mr. Joydipta Mondal Ms. Riya Ballav …. For the State Affidavit of service filed on behalf of the petitioner is taken on record. The petitioner who is one of the members of Padam Kanti Gram Panchayat seeks a direction upon the Prescribed Authority to convene the meeting for election of a new Pradhan of the Panchayat with the help of adequate police force. Learned counsel for the State submits that police assistance could not be accorded to the Prescribed Authority on the date fixed for the meeting due to law and order issues. The police authority shall render assistance to the authority on the next date fixed for the meeting. It appears that the office of the Pradhan fell vacant upon her resignation and the Upa Pradhan was directed to take charge by 24th July, 2026 by an order of the Prescribed Authority passed on 22nd July, 2026. By a notice issued on 10th August, 2026, the Prescribed 2 Authority fixed the date of meeting for election of the new Pradhan on 18th August, 2026. However, by a subsequent notice issued on 17th August, 2026 the Prescribed Authority postponed the meeting due to non availability of police assistance. The date of the meeting has not been declared. Since the office of the Pradhan is still lying vacant and the Upa Pradhan has been given charge of the same, it is necessary for the Prescribed Authority to convene the meeting for election of a new Pradhan at the earliest. The Prescribed Authority and the Block Development Officer, Khargram Block, being the 5th respondent herein is directed to convene the meeting for election of a new Pradhan within 10 days from the date of communication of this order upon service of notice to all concerned and take necessary steps for election of the Pradhan in terms of Section 6(1) of the West Bengal Panchayat (Constitution) Rules, 1975 including concurrence of the District Panchayat Election Officer. The Officer in Charge, Khargram Police Station, being the 6th respondent herein, is directed to render necessary assistance to the Prescribed Authority so that the meeting is held peacefully without any hindrance from any corner whatsoever. The writ petition is disposed of. There shall be no order as to costs. 3 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.)