Biswajit Goswami vs Union Of India & Anr
2023 Latest Caselaw 2246 Cal/2

                                             1




OD - 16

                             IN THE HIGH COURT AT CALCUTTA
                          Constitutional Writ Jurisdiction
                                        ORIGINAL SIDE


                                              WPO(P)/4/2023

                                              BISWAJIT GOSWAMI
                                                    -Versus-
                                              UNION OF INDIA & ANR.
BEFORE :
THE HON'BLE CHIEF JUSTICE T.S. SIVAGNANAM
          And
THE HON'BLE JUSTICE HIRANMAY BHATTACHARYYA
Date : 23rd August, 2023

                                                                        Appearance :
                                                                Mr.Tapas Dutta, Adv.
                                                               ..for the petitioner.

                                                   Mr. Sirsanya Bandyapadhyay, Adv.
                                                            Mr.Arka Kumar Nag, Adv.
                                                                  ...for the State.

                                                             Mr. Brojesh Jha, Adv.
                                                         ..for the Union of India.


            The     Court       :   This    writ    petition        styled   as   public

interest litigation has been filed challenging the nomination

of the appellate authority under the Right to Information Act

as   a    pradhan    of     a   gram    panchayat      and     in    this    regard    the

petitioner     has    referred         to   the     notification       issued     by   the

Government of West Bengal dated 21st October, 2010. The entire

case of the petitioner rests upon a decision of the Hon'ble

Supreme Court in the case of Namit Sharma Vs. Union of India

reported at (2013) 1 SCC 745 more particularly the directions
                                              2



issued in paragraph 108.7. Based on the observations and/or

directions,          the    learned      advocate       for   the   petitioner       would

strenuously contend that the appellate authority cannot be a

pradhan        of    a   gram    panchayat        who    do   not    possess   the    law

qualification and such notification issued by the Government

of West Bengal is illegal.

               The    learned     government       counsel      for    the   respondent

would point out that the decision in Namit Sharma Vs. Union of

India reported in (2013) 1 SCC 745 is no longer good law in

the light of the Act. At the instance of the Union of India, a

review application was filed before the Hon'ble Supreme Court

and in the decision in Union of India Vs. Namit Sharma

reported in 2013(10) SCC 359 the judgment reported in (2013) 1

SCC 745 was recalled and all the directions issued in

paragraph 108.7 in the decision reported at (2013) 1 SCC 745

were recalled and set aside. This, the very basis and

foundation of the writ petition is thoroughly misconceived and

no relief can be granted in this public interest litigation.

No other grounds urged in this writ petition.

Accordingly, the writ petition is dismissed.

(T.S. SIVAGNANAM) CHIEF JUSTICE

(HIRANMAY BHATTACHARYYA, J.) S.Das/