15.09.2026 SL No.7 Court No.12 (cp) MAT 1504 of 2026 With CAN 1 of 2026 Poly Biswas Barman Vs. The State of West Bengal & Ors. Md. Nauroz Rahber, Mr. Muhammad Jawwad, Ms. Jenifar Jinnu, Mr. Aditya Anand … for the Appellant. Mr. Ashoke Banerjee, Sr. Advocate, Md. Zubair Alam, Mr. Abhra Mukherji … for the Respondent nos. 7 to 20. 1. The appeal arises out of an order dated September 1, 2026, passed in WPA No. 23231 of 2026. By the order impugned, the learned Single Judge did not pass any interim order. The appellant was the Pradhan of Shitgram Gram Panchayat. A requisition to remove the Pradhan was brought on August 17, 2026. It was alleged that names of two of the requisitionists had been deleted from the electoral roll pursuant to SIR, 2026. Their appeals were pending before the appellate tribunal. It was also alleged that one of the requisitionists had been absent in several meetings and was thus disqualified to be a member of the panchayat. 2. Her Lordship recorded that during the pendency of the appeals by the two requisitionists upon deletion of their names from the electoral roll pursuant to SIR, 2026, the court could not come to a conclusion that 2 they were disqualified to exercise their vote in the meeting for removal of the Pradhan. That a show cause notice had been issued by the Block Development Officer, Raiganj Development Block to the other requisitionist who had allegedly not attended several meetings of the gram panchayat, but the authority had not come to any final decision with regard to the right of the said requisitionists to remain as a member of the gram panchayat. 3. Upon negating these two submissions of the appellant Her Lordship refused to pass any interim order staying the meeting for removal of the Pradhan, but specifically directed that the resolution to be arrived at shall not be given effect to, without the leave of the court. In our view, the appellant has been sufficiently protected. The matter is pending adjudication before the learned Single Judge. Affidavit-in-opposition shall be filed by the respondents and the prescribed authority within two weeks from date. Reply thereto, if any, shall be filed within a week thereafter. Liberty to mention before the learned Single Judge for final decision in the matter. 4. We are of the view that until the members are disqualified as per the provisions of the West Bengal Panchayat Act, 1973, they will have a right to cast their vote in the meeting for removal of the pradhan. However, the question as to whether during the pendency of the first requisition dated August 12, 2026, another requisition could be brought by the 3 requisitionists and acted upon by the prescribed authority, shall be decided by the writ court upon consideration of the materials on record which shall be brought before the learned court through their respective affidavits and also upon consideration of the law relating to cancellation and adjournment of meetings for removal of the Pradhan, at the instance of the prescribed authority. 5. Accordingly, the appeal and the connected application being CAN 1 of 2026 are disposed of. 6. Parties are directed to act on the basis of the server copy of this order. (Shampa Sarkar, J.) (Arjun Ray Mukherjee, J.)