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2026 DAILYLAW 7293 (CAL)

SAJIDUL ISLAM GAZI AND ORS v. STATE OF WEST BENGAL AND ORS.

WPA/6080/2026 · 2026-04-09

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

09.04.2026 rc/ct.no.15 Item No.31 WPA No. 6080 of 2026 Sajidul Islam Gazi & Anr. Versus The State of West Bengal & Ors. Md. Shah Jahan Hossain Mrs. S. Sultana Mr. Prithwiraj Biswas Mr. Souvik Shaw ..for the petitioners Mr. Usof Ali Dewan Mr. M. Jawwad ..for the State Affidavit of service filed by the petitioners and report submitted by the State are taken on record. None appears for the Panchayat despite service. Learned counsel for the petitioners submits that the petitioners being the members of Sehara Radhanagar Gram Panchayat filed a no confidence motion against the Pradhan of the Panchayat before the prescribed authority being the 3rd respondent herein. The said requisition notice has not been acted upon by the authority. It appears from the report submitted by the State that pursuant to the requisition notice submitted by the petitioners, the prescribed authority issued notice upon the petitioners calling them for a physical hearing in terms of Section 12(3) of the West Bengal Panchayat Act. The petitioners remained absent during the hearing and sent a recorded video message through official email on February 23, 2026, the authenticity of which could not be verified. The prescribed authority was not satisfied with the averments of the requisition notice and held that no confidence against the Pradhan could not be established in terms of Section 12(3) of the Act. The proposal for no confidence was considered and rejected. It is admitted by the petitioners that they were unable to appear physically before the prescribed authority and sent the recorded video message as stated by the authority. In view of the fact that no confidence motion filed by them has already been rejected, the petitioners are at liberty to file a fresh application before the prescribed authority, being the 3rd respondent herein in terms of Section 12 of the Act. On receipt of such application, the 3rd respondent shall deal with the same in terms of the provision laid down under Section 12 of the Act. 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