HENA KHATUN AND ORS v. STATE OF WEST BENGAL AND ORS.
WPA/24535/2026 · 2026-09-10
Suvra Ghosh
body2026
DailyLaw.ai
[ 2026 DAILYLAW 39850 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 39850 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
38 1100..0099..22002266 Ct. No.15 b.das
WPA 24535 of 2026
Hena Khatun & Ors.
Vs.
The State of W.B. & Ors.
Mr. Robiul Islam Mr. Jayad Hossain
…for the petitioners.
Ms. Tapasi Palit Sinha Mr. Monajit Chakraborti …for the State.
On prayer of the petitioners, liberty is granted to correct the cause title of the application. Affidavit of service filed by the petitioners is taken on record. The petitioners who are members of Khairamari Gram Panchayat submitted a no confidence motion seeking removal of the Pradhan of the Panchayat before the Prescribed Authority on 11th August, 2026 which was received by the latter on the same date. By a notice issued on 14th August, 2026, the Prescribed Authority fixed the date of meeting on 25th August, 2026. However, by a subsequent notice issued on 24th August, 2026, the meeting was cancelled due to non- availability of police assistance. The petitioners seek a direction upon the Prescribed Authority to convene the meeting and conclude the proceeding in accordance with law.
2 It appears that pursuant to the motion submitted by the petitioners, the Prescribed Authority fixed the date of meeting in compliance with Section 12(2), 12(3) and 12(4) of the West Bengal Panchayat Act, 1973. He sought police assistance for the meeting in order to maintain law and
order in the meeting which was denied by the Officer in Charge of Sagarpara Police Station citing reason of prevailing law and order situation in the area. The Prescribed Authority was constrained to cancel the meeting due to non-availability of police assistance. Such a situation can be termed as a situation beyond control of the Prescribed Authority and is contemplated in Section 12(4) of the Act. An identical issue has been dealt with by an Hon’ble Division Bench of this Court in MAT 992 of 2022 wherein by an order passed on 15th July, 2022, the Hon’ble Division Bench has observed that if a meeting is adjourned for reasons beyond control of the Prescribed Authority, the time period of 30 days prescribed under Section 12(10) of the Act stands extended correspondingly. In view of the above, it can be held that since the meeting has been cancelled due to reasons beyond control of the Prescribed Authority, the time limit prescribed in Section 12(10) of the Act is automatically extended. The Prescribed Authority and Block Development Officer, Jalangi Block, being the 3rd respondent herein, is
directed to convene the meeting within 10 days from the
3 date of communication of this order upon service of notice to the relevant parties and take the proceeding to its logical conclusion at the earliest, in accordance with law. The Officer in Charge of Sagarpara Police Station, being the 4th respondent herein, is directed to render necessary assistance to the Prescribed Authority so that the meeting is held peacefully and without any disturbance from any corner whatsoever. The writ petition is disposed of accordingly. 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.)