FERAUL HOSSAIN AND ORS v. STATE OF WEST BENGAL AND ORS.
WPA/25485/2026 · 2026-09-15
Suvra Ghosh
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 40449 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 40449 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
September 15, 2026 (13) ARDR WPA 25485 of 2026
Feraul Hossain & ors. Vs. The State of West Bengal & ors. Adv. Md. Sarwar Jahan, Adv. Sayantan Hazra, Adv. Shalini Sen, Adv. Sahina Parvin, …for the petitioners. Adv. Anindya Lahiri, Adv. Subhomoy Paul, Adv. Anish Chkraborty, …for the respondent no.10. Adv. Mrinal Kanti Sardar, Adv. Megha Sarkar, …for the State. Affidavit of service filed by the petitioners and the report submitted by the State are taken on record. Learned counsel for the private respondent undertakes to submit his Vakalatnama by tomorrow. The petitioners are the members of Krishnapur Gram Panchayat and submitted a no confidence motion seeking removal of the Pradhan of the Panchayat pursuant to which the Pradhan was removed on 7th September, 2026. The Prescribed Authority, by a notice issued on 8th September, 2026, fixed 16th September, 2026 for election of the new Pradhan. The petitioners seek a direction upon the police authority to render necessary assistance to the Prescribed Authority so that the meeting is held peacefully without any hindrance from any corner. Opposing such prayer, learned counsel for the private respondent/erstwhile Pradhan submits that the entire area is inundated due to flood and all the members may not be in a position to reach the venue of the meeting
2 on the relevant date to cast their votes. Also, the petition is in apprehension of police inaction and is therefore premature. It appears from the report submitted by the State upon receipt of a communication from the Prescribed Authority, sufficient police force have been requisitioned for providing necessary assistance to the Prescribed Authority for the meeting. It is pointed out before this Court that the meetings fixed for removal of the Pradhan had to be postponed on several occasions and intervention of this Court was required in order to conclude the said proceeding with the aid and assistance of the police. Therefore the apprehension of the petitioners with regard to refusal of police assistance in the meeting scheduled for election of the new Pradhan is well founded. Fourteen out of twenty- four members of the Panchayat have filed the writ petition and have not raised the issue of floods in the area or their inability to attend the meeting. The police force is also ready to render necessary assistance to the Prescribed Authority for the meeting.
In view of the above, this Court is inclined to hold that since the meeting is scheduled to be held tomorrow, i.e., 16th September, 2026, the Inspector in charge, Baishnabnagar Police Station, being the 9th respondent herein, is directed to render necessary police assistance in terms of the report submitted this day to the Prescribed Authority so that the meeting is held peacefully without
3 any hindrance from any corner whatsoever. The police authority shall ensure safe passage of the members of the Panchayat to the venue of the meeting so that they are able to cast their votes safely, freely and independently. 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. (Suvra Ghosh, J.)