Calcutta High Court (Appellete Side)
Subal Kumar Manna vs Contai Municipality And Ors on 25 January, 2024
Author: Rajasekhar Mantha
Bench: Rajasekhar Mantha
25.01.2024
Court No. 13
Item Nos. 45
pk
WPA 1485 of 2024
Subal Kumar Manna
Vs.
Contai Municipality and Ors.
Mr. Soumya Majumder,
Mr. Soumya Nag,
Ms. Sanjukta Dutta,
Mr. Aditya Tiwari
.... For the Petitioner.
Mr. Koushik Chatterjee,
Mr. Nilanjan Adhikari
.... For the respondent no. 1.
Mr. Saptangsu Basu, Mr. Soumen Kumar Dutta, Mr. Partha Sarathi Basu, Sk. Sayan Uddin ... For the respondent nos. 5 to 20.
1. Leave is granted to the petitioner to file supplementary affidavit.
2. The petitioner is aggrieved by a resolution of the Contai Municipality which removed him from the post of Chairman. Various acts and omissions have been alleged against the petitioner.
3. Mr. Soumya Majumder, learned advocate for the petitioner submits that while the procedure prescribed under the rules relevant to the Bengal Municipal Act appear to have been given lip service, in essense the rules and the Act have been violated.
2
4. It is further submitted that the real reason for removal of the petitioner is that he is alleged to have associated himself with a rival political party.
5. The allegation is denied by Mr. Saptangsu Basu, learned senior advocate for the respondent nos. 5 to 20.
6. Be that as it may, there is no scope for passing of interim orders at this stage since the removal of the petitioner from the Chairmanship of the Municipality has been given effect to and acted upon.
7. The matter requires to be dealt with after receiving affidavits from the respondents. Let affidavit in opposition be filed within two weeks and reply, if any, be filed within three days thereafter.
8. List the matter under the heading "Hearing"17 days hence.
9. It is made clear that the removal of the petitioner which has since been given effect, we shall abide by result of the writ petition. All consequential actions shall also abide by the result of the writ petition.
10. All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.
(Rajasekhar Mantha, J.)