17.09.2026 rc/ct.no.15 Item No.29 WPA No. 25761 of 2026 Jesmin Ahamed Versus The State of West Bengal & Ors. Adv. Asif Dewan ..for the petitioner Adv. Tapasi Palit Sinha ….for the State Adv. Pratip Kumar Chatterjee Adv. Maitrayee Chatterjee …for the private respondent Affidavit of service filed by the petitioner is taken on record. None appears for the State despite service. Mrs. Tapasi Palit Sinha, learned advocate, who usually appears on behalf of the State and is present in Court today, is requested to represent the State in this matter. The concerned authority is requested to regularise her appointment in this matter. The petitioner is directed to serve a copy of this application along with annexure thereto upon Mrs. Palit Sinha in course of this day. Learned counsel for the private respondents undertakes to submit his vakalatnama in course of this day. Heard learned counsels for the parties. The petitioner who is the Pradhan of Kuli Gram Panchayat filed an application under Section 11(1)(d) of the West Bengal Panchayat Act, 1973 before the Prescribed Authority seeking removal of the private respondents/members of the Panchayat due to their absence in three consecutive meetings of the Panchayat despite service of notice of the said meetings. The application is yet to be considered. The petitioner seek consideration of the application by the Prescribed Authority. In the meantime the members of the Panchayat including the private respondents have submitted a no confidence motion on September 07, 2026 seeking removal of the petitioner from the office of the Pradhan pursuant to which the Prescribed Authority, by a notice issued on September 10, 2026 has fixed the date of meeting on September 22, 2026. The petitioner seeks stay of such meeting till disposal of the application under Section 11(1) (d) of the Act, 1973. It is trite law that Section 12 of the Act specifies a timeframe for disposal of a no confidence motion by the Prescribed Authority whereas no such timeframe is stipulated under Section 11 of the Act. However, since the application submitted under Section 11(1)(d) of the Act is pending the Prescribed Authority and the Sub-Divisional Officer, Kandi Sub-Division, being the 3rd respondent herein, is directed to consider and dispose of the same within two weeks from the date of communication of this order. 2 However, pendency of the application under Section 11(1)(d) of the Act shall not preclude the Prescribed Authority from dealing with the application under Section 12 of the Act. Until the private respondents are formally removed from their membership by virtue of an order passed by the Prescribed Authority, they shall not be debarred from casting their votes in respect of the motion submitted under Section 12 of the Act as restraining them from casting such votes shall amount to their disqualification even before they are formally disqualified. The Prescribed Authority and the Block Development Officer, being the 4th respondent herein, is directed to conduct the meeting fixed on September 22, 2026 and take the proceeding to its logical conclusion in terms of Section 12 of the Act. The Officer in Charge, Burwan Police Station is directed to render necessary assistance to the Prescribed Authority so that the meeting is held peacefully and without any disturbance from any corner whatsoever. The police authority shall ensure safe passage of the members including the petitioner herein to the venue of the meeting so that they are able to cast their votes safely, freely and independently. A copy of this order be communicated to the Officer in Charge, Burwan by the State at once. The writ petition is disposed of. There shall, however, be no order as to costs. 3 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) 4