Razia Sultana vs The State Of West Bengal & Others
2023 Latest Caselaw 249 Cal

09.01.2023
Item No.15.
Court No.6.
   AB
                                  M.A.T. 29 of 2023
                                         With
                                  IA CAN 1 of 2023

                                 Razia Sultana
                                      Vs
                       The State of West Bengal & Others

                    Mr. Ritzu Ghosal,
                    Mr. Mritunjoy Chatterjee,
                    Mr. Ravi Ranjan Kumar .....for the Appellant.

                    Mr. Sunny Nandy,
                    Ms. Riya Das ....for the Respondent Nos.7 to 9.

Mr. Gangadhar Das, Mr. Tanmoy Chattopadhyay ....for the Respondent No.6.

Mr. Pontu Debroy, Mr. Subrata Guha Biswas.....for the State.

Mr. Saket Sharma ......for the Intervenor.

Affidavit of Service filed in Court today, be kept

with the records.

A judgment and order dated January 5, 2023,

whereby WPA 13257 of 2021 was disposed of, is the

subject matter of challenge in this appeal.

The appellant was elected as Pradhan of the

concerned Gram Panchayet during the pendency of the

writ petition. At the time when the writ petition was

moved challenging the notice of the requisitionists for

removal of the writ petitioner as Pradhan, the writ

petitioner already stood removed by a majority of 9 out

of 10. At the final hearing, the learned Single Judge

came to the conclusion that the notice of the

requisitionists was stigmatic in nature and hence set

aside the notice and all subsequent events including

election of the appellant as the new Pradhan.

The learned Judge further directed that the

previous Pradhan will be reinstated and will function

as such. Learned Judge granted liberty to the

requisitionists to issue fresh notice for removal of the

earlier Pradhan, who has stood reinstated. Being

aggrieved, the appellant, who had been elected as

Pradhan during the pendency of the writ petition, has

come up in appeal.

We have heard Mr. Ritzu Ghosal, learned

Counsel appearing for the appellant. He does not

conclude today.

List the matter tomorrow (10.01.2023) for

further hearing.

(Apurba Sinha Ray, J.) (Arijit Banerjee, J.)