Babita Mete vs The State Of West Bengal & Ors
2022 Latest Caselaw 2020 Cal

18.04.2022
sayandeep
Sl. No. 01
Ct. No. 09
Suppl. list
                                   WPA 6899 of 2022
                                      Babita Mete
                                       -Versus-
                            The State of West Bengal & Ors.


                    Mr. Ekramul Bari
                    Sk. Imtiaj Uddin
                                                 ...... for the petitioner



                     Learned counsel for the petitioner pleads extreme

              urgency in the matter inasmuch as the date of

              consideration of the no-confidence motion dated April 7,

              2022 of the concerned Gram Panchayat, moved against

              the petitioner, is pretty close.


                    Learned counsel for the petitioner contends, by

              placing reliance on annexure P4 at page-27 of the writ

              petition, that a subsequent communication was made

              by one of the complainants in the no-confidence motion

              against the petitioner on April 8, 2022, on the day

              immediately succeeding the date of the no-confidence

              motion but prior to the date of consideration of the

              motion being fixed by the prescribed authority, which

              carried specific allegations of corruption against the

              petitioner.


                    By placing reliance upon a Division Bench

              Judgment of this Court rendered in Ujjal Mondal vs.

              State of West Bengal, reported at (2013)1 CHN 458 and
                               2




on a co-ordinate Bench Judgment relying on the said

Division Bench, dated October 5, 2021, passed in WPA

16615 of 2021, learned counsel submits that if an

allegation carrying a stigma is made in the no-

confidence motion, the same cannot be entertained,

since it will invite "civil and evil" consequences to the

office bearers relating to their political career.


      Although there is no specific nexus apparent from

the communication dated April 8, 2022 with the no-

confidence motion of April 7, 2022, in view of the said

communication having immediately succeeded the no-

confidence motion, both of which preceded the notice of

hearing dated April 11, 2022, the possibility cannot be

ruled out that the said communication will also have a

direct bearing on the consideration of the no-confidence

motion.


      In such view of the matter, since the petitioner

has made out a prima facie case as regards the veracity

of the notice, in view of the stigmatic allegations made

against the petitioner in the communication dated April

8, 2022, which might be deemed to be a part and

continuation of the allegations contained in the no-

confidence motion itself, the petitioner shall serve

copies of the writ petition on the respondents indicating

that the matter shall be enlisted before the regular

Bench taking up such matters on May 4, 2022. The

petitioner shall file an affidavit-of-service on the next

date of hearing in that regard before the appropriate

Bench.

The operation of the notice of consideration of the

no-confidence motion dated April 11, 2022, in terms of

the no-confidence motion dated April 7, 2022, shall

remain stayed till May 15, 2022 or until further orders,

whichever is earlier.

It may be recorded here that in view of the

extreme urgency involved, leave has been granted to the

petitioner on mentioning to move the matter ex parte

without prior notice upon the respondents.

(Sabyasachi Bhattacharyya, J.)