Arsi Bibi & Ors vs The State Of West Bengal & Ors
2021 Latest Caselaw 4330 Cal

S/L 3
19.08.2021
Court. No. 19
GB
                                WPA 12467 of 2021

                                  Arsi Bibi & Ors.
                                        Vs.
                          The State of West Bengal & Ors.

                              (Through Video Conference)


                Md. Milan Bhattacharya,
                Mr. Srijib Chakraborty,
                Ms. Sulagna Bagchi (Bhattacharya).
                                                ... for the Petitioners.

                Mr. Chittoranjan Chakraborty,
                Mr. Dipjyoti Chakraborty.
                                                     ...for the Pradhan.

                Mr. Lalit Mohan Mahata,
                Mr. Samim Ul Bari.
                                                       ... for the State.


                      Affidavit of service filed in Court today be kept with

                the record.

                      The writ petitioners are the requisitionists who had

                brought a requisition on July 8, 2021, requesting the

                prescribed authority to convene a meeting for removal of the

                Pradhan of Fulbaria Gram Panchayat, District-Malda on the

                ground of lack of confidence.

                      Mr. Mahata, learned Senior Government Advocate

                appearing for the State-respondents, submits that the

requisition of July 8, 2021 has lost its force and the same

cannot be revived by the order of the Court as the statutory

period prescribed under Section 12(10) of the West Bengal

Panchayat Act, 1973 has expired. Mr. Mahata further submits

that the prescribed authority is bound to act in terms of the

provisions of the statute and there is no reason why the

prescribed authority did not take any steps in accordance

with law.

Having heard the rival contentions of the parties, as

the period prescribed under Section 12(10) of the statute, has

expired, the requisition dated July 8, 2021 has become

infructuous and are liable to be set aside.

The requisition notice and all subsequent actions are

set aside and cancelled.

These institutions must run on democratic principles.

In democracy all persons heading public bodies can continue

provided they enjoy the confidence of the persons who

comprise such bodies. This is the essence of democratic

republicanism. In my opinion, the provision for removing an

elected representative such as the Pradhan is of fundamental

importance to ensure the democratic functioning of the

institution as well as to ensure the transparency and

accountability in the functions performed by the elected

representatives.

Reliance is placed on the decision of Ujjwal Kumar

Singha versus State of West Bengal & Ors. reported

in (2017) 2 CHN 258 it was held that:

"5. The entire impugned judgment and order is supported with cogent reasons and there is no palpable infirmity noticed therein which would warrant any interference in an Intra-Court Madamus Appeal. It appears that the appellant/writ petitioners resorted to taking shelter under the high prerogative jurisdiction of the High Court under Article 226 of the Constitution of India only for the purpose of thwarting the well-established democratic principles which govern the running of public

institutions such as a Gram Panchayat, being at the lowest tier of self-governance at the village level in the three-tier Panchayati Raj System. In this context, one may take notice of the observations made by the court in Farida Bibi v. The State of West Bengal reported in 2016 (5) CHN (Cal) 258, while following the observations made by the Supreme Court in Usha Bharti v. State of U.P. reported in (2014) 7 SCC 663: AIR 2014 SC 1686, wherein it was observed to the effect that it is the fundamental right of democracy that those who have been elected can also be removed by expressing, 'No Confidence Motion' for the elected person. In an institution which runs on democratic principles, a person can continue to be its head so long he/she enjoys the confidence of the persons who comprised such a body. This is the essence of democratic republicanism which was taken note of by the Supreme Court in Usha Bharti (supra).

6. The appeal has no merit and is liable to be dismissed along with the application for stay with exemplary costs assessed at 500 G.Ms. which shall be deposited with the State Legal Services Authority for being earmarked for utilization by the Mediation and Conciliation Committee of the High Court."

This writ petition is disposed of with liberty to the

requisitionists to bring a fresh requisition in terms of Section

12(2) of the said Act. If such requisition is brought, the

prescribed authority shall satisfy himself about compliance of

Section 12(2) of the said Act and then act and proceed in

terms of Sections 12(3) and 12(4) onwards to reach the

requisitions to its logical conclusion within the period

mentioned in the statute. The bar under Section 12(11) shall

not be applicable.

This Court is not making any observation on the right

of the Pradhan to continue in his office as the said issue will

be decided in the meeting itself. If necessary, the prescribed

authority may seek police protection, which shall be rendered

without any delay or laches on the part of the police

authorities. In addition to the modes of service required by

the statute, the requisitionist shall be at liberty to paste the

requisition at a conspicuous place in the office of the Pradhan

and also at a residence of the Pradhan.

This writ petition is, thus, disposed of.

There will be no order as to costs.

All parties are to act on the learned advocates'

communication.

(Shampa Sarkar, J.)