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2026 DAILYLAW 40447 (CAL)

MD FIROJ SK v. STATE OF WEST BENGAL AND ORS.

WPA/24990/2026 · 2026-09-14

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

14.09.2026 rc/ct.no.15 Item No.13 WPA No. 24990 of 2026 Md. Firoj Sk. Versus The State of West Bengal & Ors. Adv. Shahan Shah ..for the petitioner Adv. Arka Bhattacharya Adv. Yudhisthir Maity ….for the State Adv. Md. Hapiz Ali Adv. Mohaimenul Mondal …for the Respondents Affidavit of service filed by the petitioner is taken on record. The petitioner who is the Pradhan of 5 No. Nowda Gram Panchayat has assailed the no confidence motion submitted by the private respondents/ members of the Panchayat and the notice issued by the Prescribed Authority pursuant thereto on the ground that the copy of the motion has not been served/sent to him either at the Panchayat Office or at his residential address. Learned counsel for the private respondents produces a copy of the motion which demonstrates that the motion was received by the petitioner at the Panchayat Office. However, learned counsel admits that copy of the motion was not sent to the Pradhan at his residential address. In view of the above, this Court is inclined to hold that since the motion is in contravention of Section 12(2) of the West Bengal Panchayat Act, 1973, it cannot be sustained in the eye of law. The motion submitted by the private respondents on August 21, 2026 is quashed/set aside. All consequential steps taken by the Prescribed Authority pursuant to the said motion are also quashed/set aside. However, liberty is granted to the members/requisitionists to submit a fresh motion in terms of Section 12 of the Act of 1973. In the event such motion is submitted, the Prescribed Authority shall act in terms of the said provision of law, particularly the timeframe stipulated therein. 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) 2