14.09.2026 rc/ct.no.15 Item No.16 WPA No. 25099 of 2026 Aapejul Sekh & Ors. Versus The State of West Bengal & Ors. Adv. Partha Sarathi Bhattacharya Adv. Md. Afiz Ali ..for the petitioners Adv. Tapasi Palit Sinha Adv. Monajit Chakraborti ….for the State Adv. Pratip Kumar Chatterjee Adv. Maitrayee Chatterjee …for the Respondent Nos. 7 & 9 Affidavit of service filed by the petitioners and report submitted by the State are taken on record. Learned counsel for the respondent nos. 7 and 9 undertakes to submit his vakalatnama in course of this day. Pursuant to a no confidence motion submitted by the petitioners on August 21, 2026, the Prescribed Authority, by a notice issued on August 25, 2026 fixed the date of meeting on September 07, 2026. However, by a subsequent notice issued on September 05, 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. Learned counsel for the private respondent/ Pradhan submits that the writ petition has been filed only after cancellation of the meeting. Also, one of the requisitionists Tasliman Sk. (Proforma Respondent No. 10) submitted an application before the Prescribed Authority on August 21, 2026 stating that his signature was obtained in the no confidence motion upon threat and misrepresentation. Learned counsel also submits that the period prescribed in Section 12 of the West Bengal Panchayat Act,1973 is on the verge of expiry. The Panchayat comprises 25 members out of whom 16 members put their signatures in the no confidence motion. Therefore even if the 10th proforma respondent’s signature is not considered, the motion can still be held to be submitted by 1/3rd majority of the members of the Panchayat and is valid. The report submitted by the State demonstrates that the Prescribed Authority requested the Inspector-in- Charge, Kandi Police Station for deployment of police personnel in the meeting scheduled on September 07, 2026 which was regretted by the police authority by a letter issued on September 05, 2026. The Prescribed Authority sought police assistance in order to ensure maintenance of law and order in the meeting. Since such assistance was not rendered, he was compelled to cancel the meeting. Such situation is contemplated under Section 12(4) of the West Bengal Panchayat Act, 1973. A similar issue has been dealt with by an Hon’ble Division Bench of this Court in MAT No. 992 of 2022 2 wherein by an order passed on July 15, 2022, the Hon’ble Division Bench has held that in such a situation contemplated under Section 12(4) of the Act of 1973 where the meeting is adjourned for reasons beyond the control of the Prescribed Authority, the time period of 30 days prescribed in Section 12(10) of the Act of 1973 also stands extended correspondingly. The meeting has been cancelled by the Prescribed Authority due to reason beyond his control. The ratio decidendi of the order passed by the Hon’ble Division Bench is squarely applicable in the present case. Also, the writ petition has been filed seeking a direction upon the Prescribed Authority to fix a further date of meeting. Therefore it is obvious that it has been filed after the meeting was cancelled by the Prescribed Authority and not prior to the said date. In view of the above, the Prescribed Authority and the Block Development Officer, Kandi, being the 5th respondent herein, 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 in accordance with law. The Inspector in Charge, Kandi Police Station, being the 6th respondent herein, is directed to render necessary assistance to the Prescribed Authority so that the meeting 3 is held peacefully and without any disturbance from any corner whatsoever. The police authority shall ensure safe passage of the members including the petitioners herein to the venue of the meeting so that they are able to cast their votes safely, freely and independently. The writ petition is disposed of. 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) 4