07.09.2026 Court No.39 ADSL/Item No.–2 [Milan] IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 24440 of 2026 DILIP KUMAR SHAW & ORS VS THE STATE OF WEST BENGAL & ORS. Mr. Shuvro P. Lahiri, Mr. A. Mondal ….for the Petitioners Mr. Ajit Kumar Mishra, Ld. AGP., Ms. Soma Chakraborty, Mr. Kaustav Seal ….for the State Mr. Pawan Gupta, Mr. Sougata Mitra, Ms. Soma Chakraborty, Mr. Subhadeep Maitra ….for the Private Respondent No.8 1. Affidavit of service, filed on behalf of the petitioners in Court today, is taken on record. 2. Full court fees, filed by the writ petitioners, are taken on record and the same may be sent to the concerned department for recording and punching. 3. The present petitioners are the members of Jhalda – II Panchayat Samiti. 1/3rd of the Samiti, i.e., 16 member have submitted and brought “No-Confidence Motion” against the Sabhapati of the said Panchayat Samiti before the Prescribed Authority/Sub- Divisional Officer, Jhalda Sub-Division, Purulia on 21.08.2026. 2 4. After completion of all formalities, a date has been fixed for the meeting of “No Confidence Motion” to be held on 08.09.2026 at 12:00 noon for removal of the Sabhapati of the said Panchayat Samiti. 5. The petitioners are apprehending that there may be a chance of breach of peace, endangering the safety of the members, while holding the meeting. Some of the members are also residing out of their residence due to some outside threat. The petitioners have made an application before the Superintendent of Police, Purulia, West Bengal on 01.09.2026 prayer for safety and security of the members on the date of meeting of “No Confidence Motion” to be held on 08.09.2026. This is the only prayer of the petitioners in the present writ petition. 6. The learned advocates appearing for the private respondent no. 8, on the other hand, raise an objection against the prayer of the writ petitioners and submit that there is no chance of any breach of peace, safety and security of the members and such prayer of the writ petitioners, cannot be entertained in this writ petition. 7. The learned advocates for the State produce the report dated 07.09.2026 filed by the Inspector-in- Charge, Kotshila Police Station, Purulia and further raise objection to such unnecessary apprehension of 3 the breach of peace, safety and security of the members. 8. The learned advocate further draws the attention of this Court to the report and submits that after submitting letter by the members, the police officers, on three occasions, sent e-mail to the petitioners asking to visit the police station for the purpose of inquiry to ascertain the actual danger and petitioners’ apprehension towards their safety and security. 9. In reply, it is submitted on behalf of the petitioners that those e-mails were sent only to Ramesh Singh Ghatual, one of the petitioners herein. 10. Having heard the submission for the respective parties, this Court finds that 08.09.2026 has been fixed for the “No Confidence Motion” meeting for removal of Sabhapati of the Panchayat Samiti. Even for the sake of arguments, if it is assumed that there is no apprehension or involvement of the matter of safety, this Court deems it fit and proper to direct the Inspector-in-Charge, Kotshila Police Station, Purulia to visit the venue on account of the issue raised by the 16 members and take appropriate steps, for the safety and security of the members, and the peace and tranquility is maintained on the date fixed i.e. on 08.09.2026. 4 11. With the above observations, the writ petition being WPA 24440 of 2026 is disposed of without cost accordingly. 12. It is made clear that the Prescribed Authority / Sub- Divisional Officer, Jhalda Sub-Division, Purulia are directed to take proper steps to conclude the ‘No Confidence Motion’ meeting peacefully and in a healthy atmosphere. 13. All parties shall act on the basis of a server copy of this order duly downloaded from the official website of this Court. (Ajay Kumar Gupta, J.)