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2026 DAILYLAW 39243 (CAL)

SHAH ALAM SARKAR v. STATE OF WEST BENGAL AND ORS.

WPA/24237/2026 · 2026-09-08

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

08.09.2026 rc/ct.no.15 Item No.19 WPA No. 24237 of 2026 Shah Alam Sarkar Versus The State of West Bengal & Ors. Adv. Md. Sarwar Jahan Adv. Debarnab Adhikary ..for the petitioner Adv. Arka Bhattachary Adv. Sudipta Maiti …for the State Adv. Debapriya Majumder…for the respondent no.10 The petitioner who is an erstwhile member of Raninagar-II Panchayat Samiti has prayed for a direction upon the Appellate Authority to dispose of the appeal preferred by him challenging the order of his removal in a proceeding initiated under Section 100(1)(d) of the West Bengal Panchayat Act, 1973 and liberty to participate in the meeting fixed for election of the new Sabhapati of the Samiti. The petitioner has claimed to be one of the signatories alongwith other elected members who submitted the no confidence motion for removal of the Sabhapati on May 18, 2026. Learned counsel for the private respondents submits that this is a wrong statement made by the petitioner in the writ petition since he was not a signatory to the said motion. Such conduct of the petitioner is absolutely deplorable. The petitioner has made a desperate attempt to draw the sympathy of the Court in stating that he was one of the members of the Samiti who submitted the no confidence motion for removal of the Sabhapati. The conduct of the petitioner not only amounts to suppression of material fact but also misleads the Court. It is trite law that a litigant approaching the court of law for relief should come with clean hands. In view of the conduct of the petitioner herein, he does not deserve any relief in the present matter. The writ petition is dismissed only on such score. This order shall not preclude the petitioner from approaching this Court for other reliefs. There shall, however, be no order as to costs. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Suvra Ghosh,J) 2