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2026 DAILYLAW 40384 (CAL)

BALARAM DAS AND OTHERS v. STATE OF WEST BENGAL AND ORS.

WPA/24450/2026 · 2026-09-14

Suvra Ghosh

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

24 jdt. 14.09.2026 jb. WPA 24450 of 2026 [Balaram Das & Ors. vs. State of West Bengal & Ors.] Mr. Bikram Banerjee Mr. Baibhab Roy …. For the Petitioners Ms. Debjani Ghosal Ms. Manisha Paswan …. For the State Mr. Ananta Panja Moulick …. For the Respondent no. 8 Affidavit of service filed on behalf of the petitioners is taken on record. Pursuant to a no confidence motion submitted by the petitioners, the Prescribed Authority by a notice issued on 12th August, 2026 fixed the date of meeting on 20th August, 2026. However, by a subsequent notice issued on 19th August, 2026, the meeting was postponed 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. It appears that the Prescribed Authority sought police assistance from the Officer in Charge, Sagardighi Police station in order to avoid any breach of law and order in the meeting. The police authority, by a letter issued on 19th August, 2026 informed that they were unable to render such assistance to the Prescribed Authority for the meeting. The Prescribed Authority was constrained to postpone the meeting due to such 2 situation which was beyond his control. Such a situation is contemplated in 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 992 of 2022 and by an order passed on 15th July, 2022, the Hon’ble Division Bench has held that in such a situation contemplated under Section 12(4) of the Act wherein a meeting is postponed due to non availability of adequate police assistance which is a reason beyond the control of the Prescribed Authority, the time period of 30 days prescribed in Section 12(10) of the Act stands extended correspondingly. In view of the above, the Prescribed Authority and the Block Development Officer, Sagardighi Block, being the 4th respondent herein, is directed to convene the meeting within 10 days from the date of communication of this order upon service of notice to all concerned and take the proceeding to its logical conclusion in accordance with law. The Inspector in Charge, Sagardighi Police Station, being the 6th respondent herein, is directed to render necessary assistance to the Prescribed Authority so that the meeting is held peacefully without any hindrance from any corner whatsoever. The police authority shall ensure safe passage of the members including the petitioners herein to the venue of the 3 meeting so that they are able to cast their votes freely, safely and independently. The writ petition is disposed of. There shall be no order as to costs. Since no affidavit has been invited, allegations contained in the writ petition shall be deemed not to have been admitted. Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities (Suvra Ghosh, J.)