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2026 DAILYLAW 40251 (CAL)

ASHADUZZAMAN v. STATE OF WEST BENGAL AND ORS.

WPA/24264/2026 · 2026-09-11

Suvra Ghosh

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

17&20 1111..0099..22002266 Ct. No.15 b.das WPA 24279 of 2026 Dinabandhu Mal & Ors. Vs. The State of W. B. & Ors. With WPA 24264 of 2026 Ashaduzzaman Vs. The State of W. B. & Ors. Mr. Pinaki Ranjan Chakraborty Ms. Ankita Ghosh …for the petitioners in WPA 24279 of 2026. Mr. Samim Ahammed Md. Nasirul Haque Ms. Reshma Khatun …for the petitioner in WPA 24264 of 2026. Mr. Pinaki Ranjan Chakraborty Ms. Ankita Ghosh …for the private respondent in WPA 24264 of 2026. Mr. Samim Ahammed Md. Nasirul Haque Ms. Reshma Khatun …for the private respondent in WPA 24279 of 2026. Ms. Tapasi Palit Sinha Mr. Surojit Das …for the State in WPA 24279 of 2026. Mr. Aniruddha Bagchi Mr. Sarban Bhattacharjee …for the State in WPA 24264 of 2026. Since the reliefs sought in both the applications are almost identical, the applications are taken up together for consideration and are being disposed of by a common order. Affidavit of service filed by the petitioners in WPA 24264 of 2026 is taken on record. 2 The members of Nalhati Panchayat Samiti submitted a no confidence motion before the Prescribed Authority for removal of the Sabhapati of the Samiti pursuant to which the Prescribed Authority by a notice issued on 21st August, 2026 fixed the date of meeting on 31st August, 2026. However, by a subsequent notice issued on 30th August, 2026, the meeting was postponed due to non-availability of police assistance. The members including the Sabhapati seek a direction upon the Prescribed Authority to convene the meeting and conclude the proceeding in accordance with law. The Sabhapati, in addition, seeks police protection so that he is able to cast his vote in the meeting safely and independently. In view of the joint prayer of the Sabhapati as well as the members of the Panchayat Samiti, the Prescribed Authority and Sub-Divisional Officer, Rampurhat is directed to convene the meeting within 10 days from the date of communication of this order upon service of notice to the parties concerned and take the proceeding to its logical conclusion at the earliest, in accordance with law. The Officer in Charge of Nalhati Police Station 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. 3 The police authority shall ensure safe passage of the members of the Samiti including the Sabhapati to the venue of the meeting in order to enable them to cast their votes freely, safely and independently. Both the writ petitions are 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.)