03.09.2026 rc/ct.no.15 Item No.30 WPA No. 19518 of 2026 Md. Sohidul Islam & Ors. Versus The State of West Bengal & Ors. Adv. Md. Salahuddin Adv. Md. Raziuddin ..for the petitioners Adv. Sundar Gopal Bhattacharyya Adv. Sarban Bhattacharjee ….for the State Affidavit of service filed by the petitioners is taken on record. The petitioners who are the members of Umrapur Gram Panchayat have assailed the notice issued by the Prescribed Authority and Block Development Officer, Suti- II Development Block on July 22, 2026 fixing the date of meeting for election of the new Pradhan on August 04, 2026. Learned counsel for the petitioners submits that the notice ought to have been issued under Rule 6(1) of the West Bengal Panchayat (Constitution) Rules, 1975 and not under Section 3(1) of the said Rules. Since the notice has been issued under Section 3(1) of the said Rules, it is not in accordance with Section 13 of the West Bengal Panchayat Act, 1973 and cannot be sustained. Learned counsel for the State submits, on instruction, that the meeting has been held and the new Pradhan elected. Rule 3(1) of the 1975 Rules deals with election of Pradhan and Upapradhan of a Gram Panchayat at the time of constitution of the Panchayat whereas Rule 6(1) of the Rules deals with filling up of casual vacancy in the office of the Pradhan and Upapradhan of the Panchayat. It is a fact that the notice for election of the Pradhan following the vacancy in the office arising out of resignation of the Pradhan ought to have been issued under Section 6(1) of the Rules. However, both Rules 3(1) and 6(1) of the Rules prescribe issuance of notice under Form-I which has been complied with by the Prescribed Authority. The wrong nomenclature of the notice may be a technical irregularity and does not render the notice invalid, moreso, since the contents of Form I with regard to Rules 3(1) and 6(1) are the same. Moreover, the new Pradhan has already been elected. The writ petition challenging the notice dated July 22, 2026 which has been acted upon, has become redundant. The writ petition is accordingly dismissed. 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. 2 (Suvra Ghosh,J) 3