Calcutta High Court (Appellete Side)
Rabiul vs The State Of West Bengal & Ors on 23 November, 2021
12. 23.11.2021
Ct. No.06
Tanmoy
M.A.T. 855 of 2021
With
IA No: C.A.N. 1 of 2021
Rabiul
-Versus-
The State of West Bengal & Ors.
(Through Video Conference)
Mr. Sabyasachi Chatterjee, Adv.
...for the appellant.
Mr. Srijib Chakraborty, Adv.
...for the respondents.
Mr. Lalit Mohan Mahata, Ld. Sr. Govt. Adv.,
Mr. Prasanta Behari Mahata, Adv.
...for the State
This appeal has been preferred challenging a
judgment and order dated August 10, 2021, passed by
the learned Single Judge in W.P.A.12439 of 2021
dismissing the writ petition.
Mr. Sabyasachi Chatterjee, learned advocate
appearing on behalf of the then Pradhan of the
relevant Gram Panchayat, submits that in moving the
motion of no confidence, the requirement of Section
12(2) of the West Bengal Panchayat Act, 1973, has not
been complied with. It is the case of the appellant
before us that though notice was sent to him at the
residential address, the same was not received by him,
and as such, the meeting held on August 11, 2021 in
terms of 12 (3) of the said Act has no legal
consequence.
Mr. Srijib Chakraborty, learned advocate
appearing for the respondent nos. 8 to 16 on the other
hand submits that notice of the meeting was received
by the Secretary of the relevant Gram Panchayat and
it is the specific finding of the learned Single Judge
that the said notice was handed over to the appellant.
Mr. Lalit Mohan Mahata, learned Advocate
appearing on behalf of the State, submits that in the
meeting held on August 11, 2021, the appellant was
removed as the Pradhan of the Gram Panchayat. The
appellant had participated in the meeting. He cannot
turn around and challenge the legality of the said
meeting at this stage. Mr. Mahata, further, submits
that through a democratic process the appellant has
already been removed and as such, this appeal has
become infructuous.
The relevant part of Section 12 reads as follows:
"12. Motion of no confidence or removal of
Pradhan or Upa-Pradhan. -
(2) For the purpose of removal of the Pradhan
or the Upa-Pradhan, one-third of the existing
members referred to in sub-section (1) subject to
a minimum of three members shall sign a motion
in writing expressing their lack of confidence
against the Pradhan or the Upa-Pradhan or
recording their intention to remove the Pradhan or
the Upa-Pradhan, indicating party affiliation or
independent status of each of such members and
either deliver the motion in person through any of
the members or send it by registered post to the
prescribed authority; one copy of the motion shall
be delivered to the concerned office bearer either
by hand or by registered post at the Gram
Panchayat office and another copy shall be sent
by registered post at his residential address."
It is clear that one copy of the motion shall be
delivered to the concerned office bearer either by hand
or by registered post at the Gram Panchayat office
while another copy of the notice has to be sent by
registered post to his residential address. Two
different words, 'delivered' and 'sent' employed in the
same Sub-section indicate the different intention of
the legislature.
When the motion is served upon the office
bearer at the Panchayat office, it has to be ascertained
whether such motion has been delivered upon him or
not, and in case of service at his residential address
the only requirement of Section 12 (2) is that such
motion has to be sent by registered post with proper
postal address and required postal charges.
In view of the above findings, we do not find
any merit in this appeal and, accordingly, the appeal
being M.A.T. 855 of 2021 along with the connected
application being IA No: C.A.N. 1 of 2021 are
dismissed.
However, the appellant shall be at liberty to
challenge the decision of his removal as Pradhan in
accordance with law if he is entitled to do so.
Let urgent photostat certified copy of this order,
if applied for, be supplied to learned Advocates for the
parties upon compliance with all usual formalities.
(Kausik Chanda, J.) (Arijit Banerjee, J.)
