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2026 DAILYLAW 42736 (CAL)

MADHABI ROY BARMAN v. STATE OF WEST BENGAL AND ORS.

WPA/26310/2026 · 2026-09-22

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

39 jdt. 22.09.2026 jb. WPA 26310 of 2026 (Madhabi Roy Barman vs. State of West Bengal & Ors.) Mr. Gangadhar Das Mr. Tanmay Chattopadhyay Mr. Joy Laha …. For the Petitioner Mr. Partha Sarathi Basu Ms. Ritoprita Ghosh …. For the State Affidavit of service filed on behalf of the petitioner is taken on record. The private respondents are not represented despite service. The petitioner who is the Pradhan of Pratirajpur 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 stigmatic. It appears from the motion that it contains several serious allegations against the petitioners/Pradhan. The motion is stigmatic and cannot sustain in law. In view of the above, the no confidence motion dated 7th September, 2026 is quashed/set aside. All consequential steps taken 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 deal with the same in terms of the said provision of law, particularly the time frame stipulated therein. 2 The writ petition is disposed of. There shall be no order as to costs. Since no affidavit has been invited, allegations contained in the writ petition shall be deemed not to have been admitted. Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities. (Suvra Ghosh, J.)