Extracted from the PDF above. The PDF is authoritative.
36 1100..0099..22002266 Ct. No.15 b.das
WPA 24420 of 2026
Tapasi Let
Vs.
The State of W.B. & Ors.
Mr. Anindya Bose Mr. Sarwar Jahan Mr. Golam Mohiuddin Ms. Raina Das Md. Kaif Hossain …for the petitioner.
Ms. Kardina Roy …for the respondent nos.29-31.
Mr. Anup Dasgupta Mr. Avinash Kankani …for the State.
Affidavit of service filed by the petitioner is taken on record. The petitioner who is the Pradhan of Kalitha Gram Panchayat has assailed the no confidence motion submitted by the members of the Panchayat for her removal before the Prescribed Authority on the ground that the motion contains stigma.
Learned counsel for respondent nos.29 to 31 points out that though the names of these respondents appear in the motion, they have not put their signatures therein and have therefore not supported the motion. A no confidence motion was submitted by the members of the Panchayat on 20th August, 2026 which was held to be invalid by the Prescribed Authority due to certain anomalies found therein upon scrutiny. A fresh no confidence motion submitted on 24th August, 2026 which
2 was acted upon by the Prescribed Authority. Several allegations have been raised in the no confidence motion against the petitioner/Pradhan including irregularity in attendance in office, ill behaviour, violation of rules and signing of official documents by her husband instead of the petitioner herself.
Learned counsel for the State accedes to the submission made on behalf of the petitioner. The no confidence motion is indeed stigmatic and cannot sustain in the eye of law. However, the motion has been submitted by the one- third majority of the members of the Panchayat even after deletion of the names of three members who have not put their signatures therein. The motion cannot be rendered invalid on such score. Since the motion contains stigma against the petitioner, the same is quashed/set aside.
All consequential steps taken by the Prescribed Authority pursuant to the motion are also quashed/set aside. Liberty is granted to the members of the Panchayat to submit a fresh no confidence motion before the Prescribed Authority in terms of Section 12 of the West Bengal Panchayat Act, 1973. In the event such motion is submitted, the Prescribed Authority shall act in terms of the said provision of law, particularly the time frame stipulated therein. The writ petition is disposed of accordingly.
3 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.)