Emdadul Islam vs The State Of West Bengal & Ors
2021 Latest Caselaw 5599 Cal

    03                    IN THE HIGH COURT AT CALCUTTA
29.10.2021                CONSTITUTIONAL WRIT JURISDICTION
  FB/sb
   Ct 7                          APPELLATE SIDE
                               (Through Video Conference)

                                   WPA 17408 of 2021

                                       Emdadul Islam
                                             Vs.
                               The State of West Bengal & Ors.


                         Mr. Atarup Banerjee,
                         Mr. Mrityunjoy Chatterjee
                                          .... For the petitioner.

                         Mr. Tapan Kumar Mukherjee,
                         Mr. Ram Mohan Pal,
                         Mr. Somnath Naskar
                                    ... For the State.

                         Mr.   Debabrata Saha Roy,
                         Mr.   Rudradipta Nandy,
                         Mr.   Subhankar Das,
                         Mr.   Neil Basu
                                       ... For the respondent no.8

Mr. Debapriya Majumder, ... For the respondents no.19, 20, 22, 23, 24 & 27

Mr. Dipankar Pal, Mr. Golam Nura Imrohi, Mr. Sreejeet Basu Roy ... For the respondents no. 21, 25, 26, 28, 29, 30, 31 & 32.

Affidavit of service filed in Court today is taken on

record.

Heard all the parties appearing in the matter.

The main grievance of the petitioner in this writ

petition is against the inaction on the part of the

Prescribed Authority/the Sub-Divisional Officer, being the

respondent no.4 in not acting and taking steps for holding

the meeting called by the petitioner/requisitionist for

removal of Sabhapati of Panchayat Samity and violating

the provisions of Panchayat Act, 1973, in spite of the

official request made by the petitioner/requisitionist by

his letter dated 5th October, 2021, being annexure P-2 to

the writ petition and in not completing the proceeding

within the statutory period under the Panchayat Act.

Mr. Saha Roy, learned advocate appearing for the

private respondent opposes this writ petition by relying on

an unreported decision of this Court dated 22nd July,

2021 passed in WPA 11653 of 2021 (Smt. Samsoon

Nahar Bibi vs. the State of West Bengal & Ors.).

Learned advocate appearing for the petitioner relies

on a decision of this Court dated 18th August, 2021,

passed in WPA 12799 of 2021 (Bharat Chandra Mandal

vs. The State of West Bengal & Ors.) in support of his

contention.

Considering the submissions of the parties, this writ

petition is disposed of by directing the Prescribed

Authority/Sub-Divisional Officer, Jangipur, Murshidabad,

to act strictly in accordance with law, on the basis of the

requisition of the requisitionist dated 5th October, 2021

and complete the proceeding within the statutory period

prescribed under the Panchayat Act and also by taking

into consideration the aforesaid unreported decisions

referred to in this judgment.

Urgent photostat certified copy of this order, if

applied for, be given to the parties upon compliance of

usual formalities.

(Md. Nizamuddin, J.)