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2026 DAILYLAW 42955 (CAL)

BILKIS PERVIN v. STATE OF WEST BENGAL AND ORS.

WPA/25898/2026 · 2026-09-23

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

33 jdt. 23.09.2026 jb. WPA 25898 of 2026 (Bilkis Pervin vs. State of West Bengal & Ors.) Sarwar Jahan Amanul Islam Mr. Arup Sarkar Mr. Oishik Chatterjee …. For the Petitioner Mr. Bilwadal Bhattacharya Mr. Srijib Chakraborty Mr. Koushik Bhatta Ms. Megha Sarkar …. For the State Affidavit of service and the supplementary affidavit filed by the petitioner are taken on record. The petitioner who is the Pradhan of Itahar Gram Panchayat has assailed the no confidence motion submitted by the members of the Panchayat/private respondents on 10th September, 2026 on the ground that the motion contains stigma. It appears several allegations have been made against the petitioners/Pradhan in the motion which are stigmatic. Such a motion cannot be allowed to continue since the Act of 1973 does not provide an opportunity to the Pradhan to rebut/deny the allegations raised against her. In view of the above, the motion is quashed/set aside. All consequential steps taken by the Prescribed 2 Authority pursuant to the said motion is also quashed/set aside. However, liberty is granted to the private respondents/members to submit a fresh motion in terms of Section 12 of the Act. In the event such motion is submitted, the Prescribed Authority shall take necessary steps in terms of the said provision of law, particularly the time frame stipulated therein. 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.)