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2026 DAILYLAW 42159 (CAL)

HALIMA KHATUN BIBI v. STATE OF WEST BENGAL AND ORS.

WPA/26229/2026 · 2026-09-21

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

September 21, 2026 (31) ARDR WPA 26229 of 2026 Halima Khatun Bibi Vs. The State of West Bengal & ors. Adv. Md. Hafiz Ali, Adv. Partha Sarathi Das, Adv. Agnijyoti Chanda, Adv. Purnima Panda, …for the petitioner. Adv. Amanul Islam, Adv. Sourav Mukherjee, …for the respondent nos. 7 to 19. Adv. Amritlal Dhar, Adv. Vaibhav Prakash, …for the State. Affidavit of service filed by the petitioner is taken on record. The petitioner who is the Pradhan of Gobra Gram Panchayat has assailed the no confidence motion submitted by the private respondents/members of the Panchayat seeking her removal on the ground that the motion is undated and it cannot be ascertained whether the notice of meeting was issued in terms of Section 12(3) of The West Bengal Panchayat Act, 1973. Also, the motion contains stigma. Learned counsel for the State seeks to take instruction in this regard. Learned counsel for the private respondents fails to apprise this Court as to when the motion was submitted before the Prescribed Authority. The motion is undated. The motion alleges that the petitioner is involved in illegal/immoral acts. Such allegation amounts to stigma 2 upon the Pradhan. It is trite law that a motion containing stigma cannot be sustained. In view of the above, the motion submitted by the private respondents 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/private respondents to submit a fresh motion under Section 12 of The West Bengal Panchayat Act, 1973. In the event such motion is submitted, the Prescribed Authority shall act in terms of the said provision of law, particularly the time frame stipulated therein. 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.)