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2026 DAILYLAW 43524 (CAL)

SUBHAJIT SINHA AND ORS v. STATE OF WEST BENGAL AND ORS.

WPA/24107/2026 · 2026-09-24

Suvra Ghosh

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

24.09.2026 rc/ct.no.15 Item No.26 WPA No. 24107 of 2026 Subhajit Sinha & Ors. Versus The State of West Bengal & Ors. Sr. Adv. Kalyan Bandyopadhyay Adv. Sirsanya Bandopadhyay Adv. Rahul Kumar Singh Adv. Md. Danish Farooqui ..for the petitioners Adv. Tapasi Palit Sinha Adv. Monajit Chakraborti …for the State Learned counsel for the petitioners submits that the meeting could not have been postponed by the Prescribed Authority after the petitioners appeared at the venue to attend the meeting. The meeting and notice thereof are pursuant to the no confidence motion submitted by the members of the Panchayat before the Prescribed Authority. Though the motion has not been assailed by the petitioners, this Court finds, on perusal of the same, that it contains stigma against the Pradhan. Several allegations have been made against the Pradhan in the motion which amount to stigma. Such a motion cannot sustain in law, more so, since there is no provision in the West Bengal Panchayat Act, 1973 for an opportunity to the Pradhan to rebut/deny the allegations made in the motion. If such allegations are allowed to remain, it may adversely affect the future pursuits of the Pradhan, if any. In view of the above, the motion submitted by the members on August 12, 2026 is quashed/set aside. All consequential steps pursuant to the said motion are also quashed/set aside. However, liberty is granted to the members of the Panchayat to submit a fresh motion under Section 12 of the Act. In the event such motion is submitted, the Prescribed Authority shall act in terms of the said provision of law, particularly the timeframe stipulated therein. The writ petition 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. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Suvra Ghosh,J) 2