Calcutta High Court (Appellete Side)
Rintu Kumar Rana & Ors vs The State Of West Bengal & Ors on 7 October, 2021
S/L 7
7.10.2021
sn
WPA 16802 of 2021
Rintu Kumar Rana & Ors.
Vs.
The State of West Bengal & Ors.
(Through Video Conference)
Mr. Billwadal Bhattacharya
Mr. Debanik Banerjee
... for the Petitioners.
Mr. L.M. Mahata
Mr.Rudranil De
... for the State.
Mr. Bhattacharyya, learned advocate appearing
on behalf of the petitioners submits that the prescribed
authority failed and neglected to take steps on the
basis of the requisition dated September 24, 2021 and
aggrieved by the said inaction, the writ petition had
been filed.
During the pendency of the writ petition, a
notice has been issued by the prescribed authority
fixing October 29, 2021 as the date for removal of the
Pradhan on the basis of the requisition brought by the
requisitionists for removal of the Pradhan of Gurgram
Panchayat, Bhagwanpur-I Block, District Purba
Medinipore.
Mr. Bhattacharyya seeks a direction upon the
prescribed authority to mandatorily hold the meeting
on the date fixed with police protection. He further
submits that adequate police support should be given
to the requisitionists as they have been constantly
intimidated by the opposition.
Although, the grievance of the petitioners has
been met in view of the decision of the prescribed
authority to hold the meeting on October 29, 2021, Mr.
Mahata, learned Senior Advocate appearing on behalf
of the prescribed authority submits that the date fixed
by the prescribed authority on October 29, 2021 is
beyond the period of 30 days as provided under
Section 12(10) of the statute. Section 12(10) of the
West Bengal Panchayat Act, 1973 is quoted below: -
"12(10) on receipt of the minutes of the meeting
and the report under sub-section (9), the prescribed
authority shall, within next five working days, take
such action as he may deem fit and the entire process
commencing from submission of motion to the
prescribed authority up to the action finally taken by
him shall be completed within thirty days."
Under such circumstances, this writ petition is
disposed of by setting aside the requisition dated
September 24, 2021 and the notice dated September
30, 2021. The meeting shall not be held beyond the
statutory period of 30 days.
It is made clear that the requisitinists shall have
liberty under the law to bring a fresh requisition.
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. 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. If the Pradhan has lost
support of the majority of the members, she cannot
remain in office for a single day. Admittedly the
Pradhan has not yet been removed.
In the decision of Ujjwal Kumar Singha v. State
of W.B. reported in 2017 SCC OnLine Cal 4636, 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
Mandamus Appeal. It appears that the
appellant/writ petitioner 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 this 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
utilisation by the Mediation and Conciliation
Committee of the High Court."
The writ petition is disposed of upon granting
liberty to the requisitionists/members to bring a fresh
requisition under Section 12(2) of the said Act. If such
requisition is brought, the prescribed authority shall
act and proceed in terms of the provisions of Sections
12(3) and 12(4) onwards of the said Act and reach the
requisition to its logical conclusion. The bar under
Section 12(11) of the said Act shall not be applicable.
The time frame prescribed by the statute under
Section 12(10) shall be adhered to by the prescribed
authority.
It is further made clear that the prescribed
authority shall be entitled to seek police protection and
if such request is made, the police authority shall
render all support to the requisitionists as also to the
prescribed authority without any delay and laches. It
is also made clear that if the Pradhan tries to evade
service of requisition, then the requisitionists shall be
entitled to serve the same in the office through the
secretary or assistant and if, such service is not
accepted, then the requisitionists will be entitled to
paste the same in the office of the Pradhan in addition
to the modes of service provided under Section 12(2) of
the said Act.
The District Magistrate shall ensure compliance
of the order.
The prescribed authority shall act and proceed
in terms of this order, taking note of the notified
holidays.
Accordingly, the writ petition is disposed of.
However, there will be no order as to costs.
All the parties are directed to act on the learned
advocate's communication.
(Shampa Sarkar, J.)
