Extracted from the PDF above. The PDF is authoritative.
September 15, 2026 (12) ARDR WPA 25779 of 2026
Ektekhar Ali Vs. The State of West Bengal & ors.
Adv. Md. Nauroz Rahber, Adv. Muhammad Jawwad, Adv. Aditya Anand, Adv. Jenifar Junnu …for the petitioner. Adv. Tapasi Palit Sinha, Adv. Suman Chattopadhyay, …for the State.
Affidavit of service filed by the petitioner and the report submitted by the State are taken on record. The petitioner who is the erstwhile Upa Pradhan of Shitgram Gram Panchayat has assailed the notice issued by the Prescribed Authority fixing 15th September, 2026 for election of the new Upa Pradhan on the ground that such notice was not served upon him in accordance with law. It appears from the report submitted by the State that in a writ petition challenging the motion submitted for removal of the Pradhan of the Panchayat, a coordinate Bench of this Court directed that any steps taken in the meeting for such removal would abide by the final result of the writ petition. The Prescribed Authority was under the impression that the meeting with regard to removal of the Upa Pradhan was the issue in the said writ petition. The said authority issued a notice to the Pradhan, Upa Pradhan and the Executive Assistant of the Panchayat on 4th September, 2026 intimating suspension of the decision taken in the meeting for removal of the Pradhan. On realizing his mistake subsequently, he fixed the date of
2 meeting of election of the Upa Pradhan on 15th September,
2026.
Learned counsel for the State candidly submits that the notice of the said meeting has not been served upon the petitioner or other members of the Panchayat except respondent no.19. In view of the fact that the meeting is scheduled this day without service of notice to all the members of the Panchayat including the petitioner, the meeting is liable to be quashed. The meeting fixed this day for election of the Upa Pradhan is quashed/set aside. The Prescribed Authority is directed to issue fresh notice upon all concerned and fix the date of meeting within ten days from the date of communication of this
order. He shall take the proceeding to its logical conclusion, in accordance with law. The writ petition is accordingly disposed of. There shall however, be no order as to costs. Since no affidavit is invited, the allegations contained in the 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. The parties are at liberty to communicate the gist of the order to the Prescribed Authority at once.
(Suvra Ghosh, J.)