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2026 DAILYLAW 39750 (CAL)

JESMIN KHATUN v. STATE OF WEST BENGAL AND ORS.

WPA/24965/2026 · 2026-09-10

Suvra Ghosh

body2026

Judgment text

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September 10, 2026 (44) ARDR WPA 24965 of 2026 Jesmin Khatun Vs. The State of West Bengal & ors. Adv. Prasad Bhattacharyya, …for the petitioner. Sr. Adv. Ameles Roy, Adv. Aman Gupta, Adv. Ishan Bhattacharya, …for the respondent nos. 7 to 22. Adv. Promod Kumar Drolia, …for the State. Affidavit of service filed by the petitioner is taken on record. The petitioner who is the erstwhile Pradhan of Sayestanagar Gram Panchayat has assailed the notice issued by the Prescribed Authority on 2nd September, 2026 for election of the new Pradhan upon removal of the petitioner under Section 12 of The West Bengal Panchayat Act, 1973. Learned counsel for the petitioner submits that the notice dated 2nd September, 2026 has been issued beyond the statutory time frame, in violation of rule 6(1) of The West Bengal Panchayat (Constitution) Rules, 1975. The petitioner assailed the no confidence motion submitted by the members of the Panchayat in an earlier writ petition being WPA 18477 of 2026 wherein by an order passed on 28th July, 2026, this Court directed that since the meeting was scheduled on 31st July, 2026, the resolution taken in the meeting would not be given effect to till disposal of the writ petition. The writ petition was dismissed by an order passed on 25th August, 2026. Though the resolution for removal of the petitioner was 2 taken on 31st July, 2026, the petitioner was finally removed from the post of the Pradhan by an order passed by the Prescribed Authority on 2nd September, 2026. On the same date, the Prescribed Authority issued a notice fixing 15th September, 2026 for election of the new Pradhan. The said notice is in conformity with rule 6(1) of the rules of 1975. There is no infirmity in the notice that requires interference by this Court. The writ petition, being devoid of merit, is dismissed. There shall however, be no order as to costs. Since no affidavit is invited, the allegations contained in the 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.)