Pabitra Kar vs State Of West Bengal & Ors.

The petitioner is a member of Boyal-I Gram  Panchayat in the district of Purba Medinipur, being the  respondent no.4 (hereinafter referred to as

the ""said Gram Panchayat""). The petitioner was thereafter elected as the Pradhan of the said Gram Panchayat. The petitioner says that the private

respondents, being the respondents no.5 to 13, are also the members and office bearers of the said Gram Panchayat. The petitioner further says that

the respondents no.5 to 13 have expressed no-confidence and passed a motion as against the petitioner. The said respondents have applied to the

concerned Authority requisitioning for a meeting to be convened for removing the petitioner from being the Pradhan of the said Gram Panchayat. The

petitioner also says that under the provisions of Section 12(2) of the West Bengal Panchayat Act, 1973 (hereinafter referred to as the ""said Act""), one

copy of the motion is required to be delivered to the concerned office bearer either by hand or by registered post at the Gram Panchayat office and

another copy shall be sent by registered post at his residential address. The no-confidence motion, according to the petitioner, has not been served on

the petitioner either at the office of the Gram Panchayat or at his residential address. The petitioner received a memo bearing no.855(10) dated 28th

May, 2021 issued by the respondent no.3 informing the petitioner that a meeting in terms of rule 5B(2) of the West Bengal Panchayat (Constitution)

Rules, 1975 for convening a meeting to consider the motion for removal of the petitioner. The said meeting was scheduled on 7th June, 2021 at 11.30

a.m. at the office of the said Gram Panchayat.

The petitioner says that owing to the severe restrictions imposed by the State Government, the respondent no.3 ought not to have called for holding a

meeting on 7th June, 2021. The petitioner further says that for severe traffic restrictions, it was very difficult for attending the meeting scheduled on

7th June, 2021. The petitioner also relies upon a notice issued by the Prescribed Authority and Sub-Divisional Officer, Ghatal, Paschim Medinipur, on

19th May, 2021 cancelling the meeting scheduled on 21st May, 2021 on a no-confidence motion for removal of Sabhapati of Ghatal Panchayat Samiti

and submits that the action of the State respondents in the petitioner's case is arbitrary. The petitioner is sought to be victimised when the provisions of

Disaster Management Act, 2005 and the West Bengal Epidemic Diseases Covid-19 Regulations, 2020 are operational. The petitioner also says that

the meeting having been convened in violation of the mandatory provisions of Section 12(2) of the said Act and ignoring the strict restrictions now

prevailing in the State should be declared to be null and void and cancelled. The decision, if any, taken in the said meeting should be set aside.

On behalf of the State, it is submitted that the petitioner upon realising the fact that majority of the members of the said Gram Panchayat had lost

confidence in the petitioner as the Pradhan, the petitioner cannot stay in power as the Prodhan. In order to delay the process of his removal, the

petitioner is trying to take recourse of technical grounds. The petitioner was not in the office and, as such, he could not be served with a copy of the

motion thereat. A copy of the motion had been despatched through registered post to the petitioner's residential address and the office of the said

Gram Panchayat on 24th May, 2021. The fate of the postal article so despatched is, however, not known as of now. It is further submitted that the

notice issued by the respondent no.3 was refused by the petitioner and, as such, the same had to be pasted on a conspicuous place at the residence of

the petitioner. The meeting scheduled on 7th June, 2021, according to the State respondents, had taken place which was attended by eight members

out of total ten members and all of them have expressed their view in favour of removing the petitioner from being the Pradhan of the said Gram

Panchayat. However, in view of the order dated 4th June, 2021, the resolution passed in the meeting has not been given effect to.

In support of holding of the meeting pursuant to the requisition, the State respondents have cited four judgments, respectively, reported in (2014) 7

SCC 663; 2017 (2) CHN 103; 2017 (2) CHN 258 and a judgment reported in 2016 SCC Online (Calcutta) 4950 (Panchu Mondal v. State of West

Bengal & Ors.). The State prays for dismissal of the writ petition.

After hearing the parties, the matter is adjourned for further consideration till 10th June, 2021.