Soumendu Adhikari vs The State Of West Bengal & Ors
2021 Latest Caselaw 7 Cal

04.01.2021

RP Ct.04 WPA 11981 of 2020 Soumendu Adhikari Vs.

The State of West Bengal & Ors.

Mr. Bikash Ranjan Bhattacharya, sr. adv. Mr. Billawadal Bhattacharya Mr. Rajdeep Majumder Mr. Moyukh Mukherjee .... For petitioner Mr. Saptangsu Basu, sr. adv.

Mr. Atarup Banerjee Mr. Abu Sohail .... For the Municipality Mr. Kishore Dutta, sr. adv., Ld. AG Mr. Abhratosh Majumder, Ld. AAG Mr. Sayan Sinha .... For State

Mr. Bhattacharya, learned senior advocate moves the writ petition on urgent basis, leave having been obtained in the morning and notice served accordingly.

He submits, petitioner has served as chairman of Contai Municipality and the Board stood dissolved on 25 th May, 2020 in terms of sub-section (2) in section 14 of West Bengal Municipal Act, 1993. By notification dated 19 th May, 2020 petitioner was appointed as chairperson of the Board of Administrators, the appointment made by the State government in exercise of power under sub-section (4) in section 14. By impugned notification dated 30 th December, 2020, inter alia, petitioner has been removed. Election has not been held and this is an instance of colourable exercise of power.

Mr. Dutta, learned senior advocate, Advocate General, appears on behalf of State and relies on

judgement of a learned single Judge of this Court in Jyotirmoy Mukhopadhyay vs. State of West Bengal reported in (2015) 2 Cal LJ 459 as well as (2015) 2 CHN 244 and also available at 2014 SCC Online Cal 22658. He submits, he relies on the reasoning in said judgment to persuade this Court to accept the same and follow it. Mr. Basu, learned senior advocate appears on behalf of the Municipality and submits, the writ petition does not disclose a legal right of petitioner that has been denied. The writ petition, therefore, is not maintainable.

On query from Court and submissions made in response thereto the question that arises for consideration is whether sub-section (4) in section 14 allows for substitution. On behalf of petitioner emphasis was laid on the appointments made by earlier notification dated 19 th May, 2020, to be with effect from therein mentioned date till new Board of Councillors take over charge after election to be held or until further order, whichever is earlier. It appears there is no definition given in the Act, of person. Definition of Councillors and Board have been given.

Affidavit-of-service and supplementary affidavit filed in Court today be kept with the record.

List on 05.01.2021 under heading "Specially Fixed Matter" marked at 2 P.M.

(Arindam Sinha, J.)