Calcutta High Court (Appellete Side)
Monika Dolui & Ors vs The State Of West Bengal & Ors on 1 July, 2022
01.07.22
14 Ct. No.24
Sws.M
WPA 11001 of 2022
Monika Dolui & Ors.
Vs
The State of West Bengal & Ors.
Mr. Sarwar Jahan
Mr. Anisur Rahaman
Ms. Priya Ghosal
.......for the petitioners
Mr. Lalit Mohan Mahata
Mr. Rudranil De
.......for the State
Mr. Raja Saha
Ms. Aripta Saha
Mr. Sanjay Mukherjee
.......for the respondent Nos. 7,8 & 9
The matter relates to Jhautia Gram Panchayat.
There are 11 members out of whom 7 are the petitioners
herein. The 7 petitioners filed a requisition before the
concerned authority praying for removal of the Prodhan.
The date for the notice of meeting on motion for
removal of the Prodhan was fixed on 10 th June, 2022 at
12.00 noon. Prior to the said date 3 of the aforesaid 7
members were removed by the Prescribed Authority and
the Sub-Divisional Officer by order dated 6th June, 2022.
The Prescribed Authority and the Block Development
Officer by a communication dated 7 th June, 2022
intimated the aforesaid 3 members who were removed
from their membership that they were debarred from
being present in the meeting on omission for removal of
Prodhan to be held on 10th June, 2022.
The aforesaid 3 members of the Gram Panchayat
filed a writ petition before this Court challenging their
removal by filing writ petition being WPA 9874 of 2022
(Monika Dolui & Ors. vs. The State of West Bengal &
Ors.). The Court vide order dated 10th June, 2022 was
pleased to set aside the order dated 6 th June, 2022
passed by the Prescribed Authority and the Sub-
Divisional Officer. The Prescribed Authority was directed
to reconsider the prayer of the petitioners for permitting
them to deal with the documents which were supplied to
them and to decide the matter afresh on merits. The
Prescribed Authority was further directed to pass a
reasoned order and to communicate the same to the
petitioners.
On account of the revival of their membership, the
petitioners submit that they are in a position to bring a
fresh requisition notice once again. The time to conclude
the proceeding pursuant to the earlier requisition
meeting has already expired.
The petitioners apprehend that the Prescribed
Authority may not permit the petitioners to file a fresh
requisition notice by invoking the bar under Section
12(11) of the West Bengal Panchayat Act, 1973.
It is the specific contention of the petitioners that
they were unable to remain present in the meeting
scheduled on 10th June, 2022 not because of any
omission or commission on their part. It is because of
their removal from the membership that they were
unable to participate in the meeting.
The petitioners rely upon the judgments delivered
by this Court in the matter of Sk. Alhamdo vs. The State
of West Bengal & Ors., reported in 2000(2) CalLJ 3,
paragraph 12 and Md. Ali Reza - vs. State of West Bengal,
reported in 2012 (3) CalLJ 36, paragraph 10.
Learned advocate representing the Prodhan
submits that the bar will be very much attracted in the
present case as the meeting failed due to want of
quorum.
Learned advocate representing the Prescribed
Authority submits that prior to the meeting fixed on 10 th
June, 2022 none of the members of the Gram Panchayat
intimated the Prescribed Authority about the proceeding
which was pending before this Court and none of the
members requested the Prescribed Authority to adjourn
the meeting.
It has further been submitted that although the
Prescribed Authority and the Presiding Officer were
present at the meeting but none of the members of the
Gram Panchayat turned up.
It appears from the submissions made on behalf of
the parties that admittedly the meeting could not proceed
as none of the members turned up in the meeting.
The Court in the matter of Md. Ali Reza held that in
the absence of any meeting there was no embargo and/or
fetter on the part of the Prescribed Authority to call for a
meeting for removal of the Prodhan to be held in terms of
the requisition notices issued by the petitioners.
In Sk. Alhamdo the Court was of the opinion that it
cannot be a position of law that whenever there is no
meeting on the date fixed by the requisitionists
themselves, there cannot be any further meeting for the
self-same purpose. If the requisitioned meeting was not
held because of any commission and omission on the
part of the requisitionists, then it should not be treated
as not held as per the provision of the Act. The Court
was of the opinion that it would not be necessary to make
a fresh requisition in writing to the Prodhan to convene
such meeting.
Admittedly, the time frame within which the
meeting ought to have been concluded has expired. All
the requisitionists could not be present at the time of the
meeting in view of the removal of three of them out of the
seven requisitionists.
The removal of the three requisitionists was later
on set aside by the Court. That being the position, as on
date, the requisitionists are qualified to take out a fresh
requisition, if they have actually lost confidence on the
Prodhan.
The Court has been made aware of the fact that the
requisitionists did not bring any fresh requisition as on
date.
The members of the Panchayat will be open to take
steps strictly in accordance with the provision of the West
Bengal Panchayat Act, 1973.
It goes without saying that the Prescribed Authority
will also act in accordance with the provision of law.
No further order is required to be passed in the writ
petition.
Affidavit of service filed in Court today be taken on
record.
The writ petition is disposed of.
Urgent Xerox certified copy of this order, if applied
for, be supplied to the parties, subject to compliance with
all requisite formalities.
(Amrita Sinha, J)
