Calcutta High Court (Appellete Side)
The Pradhan vs The State Of West Bengal & Ors on 1 April, 2022
D/L
Item Nos.
5 & 6 wt 9.
01.04.2022
KOLE
MAT 361 of 2022
With
IA No. CAN 1 of 2022
The Pradhan, Rajapur Karabeg Gram Panchayat
-Vs.-
The State of West Bengal & Ors.
with
MAT 396 of 2022
With
IA No. CAN 1 of 2022
With
IA No. CAN 2 of 2022
The Pradhan, Rajapur Karabeg Gram Panchayat
-Vs.-
The State of West Bengal & Ors.
with
MAT 468 of 2022
With
IA No. CAN 1 of 2022
Tanuja Begum Laskar
-Vs.-
The State of West Bengal & Ors.
Mr. Bijoy Adhikari,
Mr. A. K. Maity,
Mr. A. Pyne,
Mr. N. G. Chakraborty,
Mr. P. Sardar,
Mr. U. Jana,
Mr. R. Raj Mohanty,
Ms. Susmita Adhikary,
Ms. M. Chakraborty,
Ms. D. Dey
... for the appellant.
Mr. L. Mohan Mahato,
Mr. B. Basu Mallick,
... for the State in MAT 361 of 2022.
Mr. L. M. Mahato,
Mr. S. P. Lahiri,
... for the State in MAT 396 of 2022.
2
Mr. L. M. Mahato,
Mr. R. Sahu,
Mrs. T. Chanda,
... for the State in MAT 468 of 2022.
Mr. S. Basu, Sr. Adv.
Mr. S. Ghosh,
Mr. M. Majumdar,
... for the respondent nos. 7 to 15.
In Re: CAN 1 of 2022 in MAT 396 of 2022
This is an application for condonation of delay of 37
days in filing the appeal. Causes shown being sufficient, the
delay is condoned.
CAN No. 1 of 2022 is accordingly disposed of.
In Re: MAT 361 of 2022 with CAN 1 of 2022 and MAT
396 of 2022 with CAN 2 of 2022
By consent of the parties the appeals and the
applications are taken up for hearing together.
MAT 396 of 2022 is an appeal filed by the Pradhan of
the concerned Panchayat against an order dated January 10,
2022 passed in WPA 171 of 2022, whereby the learned Single
Judge directed the Prescribed Authority to convene a
meeting in terms of Section 12(3) of the 1973 Act pursuant to
the notice of the writ petitioners for moving a motion of non-
confidence and/or removal of the Pradhan. That order was
passed in the absence of the Pradhan.
Coming to know of the said order, the Pradhan
applied for recalling of the order. The recalling application
was dismissed by the Learned Single Judge by an order
dated March 1, 2022.
The Pradhan has preferred MAT 396 of 2022 against
the parent order dated January 10, 2022 and MAT 361 of
2022 is an appeal against the order dated March 1, 2022
whereby the recalling application was dismissed.
On March 3, 2022, a fresh requisition was made by
the members of the concerned Panchayat for removal of the
Pradhan. The notice of meeting was issued on March 7,
2022. The notice was carried to its logical conclusion. The
meeting was held. The Pradhan was removed. The Pradhan
challenged the notice by filing WPA 4584 of 2022. The said
application has been dismissed by a judgment and order
dated Mach 29, 2022. The learned Judge while refusing to
set aside the motion dated March 3, 2022 or the notice
issued on March 7, 2022, or the resolution for removal of the
Pradhan, observed that all such actions shall be subject to
the final decision in MAT 361 of 2022.
Since the removal of the Pradhan has taken place
pursuant to a fresh requisition dated March 3, 2022, the
earlier two appeals being MAT 361 of 2022 and MAT 396 of
2022, in our opinion, have become irrelevant. It is MAT 468
of 2022 which arises from the learned Judge's judgment and
order dated March 29, 2022, which will decide the fate of the
Pradhan.
MAT No. 361 of 2022 and MAT No. 396 of 2022 and
the connected applications thereto are, accordingly, disposed
of.
In Re: MAT 468 of 2022 with CAN 1 of 2022
Let MAT 468 of 2022 along with the connected
application be listed for hearing on 05.04.2022 at 02.00
p.m.. The appellant contends that the appellant did not have
seven day's notice of the motion for her removal. On March
11, 2022 at 5.38 p.m., she received the notice. The meeting
was held on March 14, 2022, whereat resolution for her
removal was taken. This is strongly disputed by learned
Advocates appearing for the requisitionists as also the State.
We understand that the original records of the case
are lying in the Court of the Learned Single Judge. Let such
records be produced before us on the next date.
Any action taken regarding handing over charge to
the new Pradhan shall abide by the result of this appeal
being No. MAT 468 of 2022. Any action taken by the
respondents during the pendency of this appeal shall not
create any equity in favour of anybody.
Urgent photostat certified copy of this order be
supplied to the parties, if applied for, as early as possible.
(Arijit Banerjee, J.)
(Kausik Chanda, J.)
