Extracted from the PDF above. The PDF is authoritative.
18 0088..0099..22002266 Ct. No.15 b.das
WPA 24252 of 2026
Maskina Mamtaj
Vs.
The State of W. B. & Ors.
Mr. Mritunjay Chatterjee Ms. Suchismita Chakraborty Mr. Debarnab Adhikary …for the petitioner.
Mr. Pawan Kr. Gupta Syed Julfikar Ali…for the private respondents.
Mr. Arka Bhattacharya Mr. Banshi Badan Maity …for the State.
Affidavit of service filed by the petitioner is taken on record. The petitioner who is the Pradhan of Uttar Kusum Gram Panchayat has assailed the no confidence motion submitted by the private respondents/members of the Panchayat for her removal on the ground that the motion was received by the Pradhan/petitioner at the Panchayat office on 22nd August, 2026 whereas the notice of meeting was issued by the Prescribed Authority on 20th August,
2026. Therefore the Prescribed Authority was not in a position to record his satisfaction with regard to the compliance with Section 12(2) of the West Bengal Panchayat Act, 1973. Also, the signatures of three of the requisititionists, Ashbahar Laskar, Mst. Amina Bibi and Nasira Parvin differ from their names stated in the motion.
2
Learned counsel for the private respondents produces a copy of the motion which indicates that the motion was received on behalf of the petitioner at the Panchayat office on 19th August, 2026. The motion was received by the Pradhan/petitioner by hand on 19th August, 2026 and notice of meeting was issued by the Prescribed Authority on 20th August, 2026. Though there is some discrepancy in the names and signatures of the 2nd, 6th and 8th requisitionists in the motion, the signatures have not been challenged before the Prescribed Authority by the said requisitionists as manufactured or fake. The Prescribed Authority has issued the notice of meeting upon being satisfied with conformity with Section 12(2) of the Act of 1973 and issuance of such notice can be held to be deemed satisfaction of the Prescribed Authority with regard to the genuineness of the signatures of the requisitionists in the motion. The motion appears to be in compliance with Section 12 of the Act and there is no irregularity/infirmity therein which requires interference by this Court. The writ petition, being devoid of merit, is dismissed. Since the meeting is scheduled to be held today at 1 p.m., the Officer in Charge, Usthi Police Station, is
directed to render necessary assistance to the Prescribed Authority as well as the members of the Panchayat so
3 that the meeting is held peacefully and without any disturbance from any corner whatsoever. The gist of this order be communicated to the police authority by the State at once. 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. (Suvra Ghosh, J.)