SAMPA MONDAL BARMAN v. STATE OF WEST BENGAL AND ORS.
WPA/26236/2026 · 2026-09-25
Suvra Ghosh
body2026
DailyLaw.ai
[ 2026 DAILYLAW 43409 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 43409 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
40 2255..0099..22002266 Ct. No.15 b.das
WPA 26236 of 2026
Sampa Mondal Barman
Vs.
The State of W.B. & Ors.
Mr. Shahan Shah Sk. Abu musa Md. Shahjahan
…for the petitioner.
Mr. Chandra Sekhar Bag Mr. Ankur Sharma
…for the State.
Affidavit of service filed by the petitioner and report submitted by the State are taken on record. The petitioner is the Pradhan of Rampara-I Gram Panchayat and has assailed the show cause notice issued upon her by the Sub-Divisional Officer, Berhampore on 7th September, 2026.
Learned counsel for the petitioner submits that the OBC certificate of the petitioner was challenged before the Sub-Divisional Officer by a member of the Panchayat pursuant to which an enquiry was held and the certificate was cancelled by an order passed on 14th August, 2026. The said order has been assailed by the petitioner before the District Magistrate, Murshidabad. The appeal is pending. On 7th September, 2026, the Sub-Divisional Officer has directed the petitioner to show cause as to why her membership in the Panchayat shall not be cancelled in terms of Section 11(1)(h) of the West Bengal Panchayat Act,
1973.
2 The petitioner seeks a direction upon the Sub- Divisional Officer not to proceed with the show cause notice till disposal of the appeal. It appears from the report submitted by the State there were allegations against the petitioner of use of false OBC certificate and the Sub-Divisional Officer, Berhampore Sadar, upon consideration of the material placed before him lodged FIR against the petitioner which was registered as Rejinagar PS case no.353 of 2026. Investigation is in progress. It is a fact that the appeal preferred by the petitioner against the order passed by the Sub-Divisional Officer on 14th August, 2026 is pending. The petitioner has been
directed to show cause as to why her membership shall not be cancelled in terms of Section 11(1)(h) of the Act of 1973. The petitioner is expected to submit a reply to the said show cause before the Sub-Divisional Officer within seven days from date. The District Magistrate, Murshidabad, being the 2nd respondent herein is directed to consider and dispose of the appeal within two weeks from the date of communication of this order, in accordance with law. No fruitful purpose shall be served in keeping the writ petition pending. The same is disposed of. There shall, however, be no order as to costs. Since no affidavit is invited, the allegations contained in the writ petition are deemed not to have been admitted.
3 Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Suvra Ghosh, J.)