Calcutta High Court (Appellete Side)
Pradip Dutta & Ors vs The State Of West Bengal & Ors on 10 September, 2025
10.09.2025
Sl. No. 50
Ct No. 3
SG
WPA 10332 of 2025
Pradip Dutta & Ors.
Vs
The State of West Bengal & Ors.
Mr. Kallol Mondal,
Mr. Anindya Sundar Chatterjee,
Mr. Krishan Ray,
Mr. Souvik Das,
Mr. S.K. Singh,
Mr. Akbar Laskar.
... for the petitioners
Ms. Piyali Sengupta,
Mr. Subhajit Chowdhury.
...for the State
Mr. Aniruddha Chatterjee, Sr. Adv.
Mr. Abir Lal Chakravorfty.
...respondent Smt. Rita Das
(the then Chairman)
1. The petitioners have preferred the present writ petition seeking appropriate directions upon the respondent authorities to initiate necessary action against respondent no. 5 and further to cause an independent, fair, and impartial audit and/or investigation and/or inquiry into the alleged illegal acts and omissions of the said respondent.
2. It is the case of the petitioners that respondent nos. 5 to 10 have illegally and unlawfully misappropriated budgetary allocations without adhering to the due process of law. The petitioners, 2 being duly elected councillors of Krishnanagar Municipality, had raised objections to the budget presented by respondent no. 5. However, despite such objections, the said budget was arbitrarily sanctioned. Learned counsel for the petitioners contends that there has been gross misappropriation of public funds, unlawful siphoning of budgetary allocations, manipulation of municipal records, and passage of resolutions in contravention of the mandatory procedure prescribed under Section 16 of the West Bengal Municipal Act. It is further submitted that respondent no. 5, in an arbitrary and unilateral manner, sanctioned the budget without duly considering the objections raised by the petitioners. Such conduct, it is urged, amounts to a gross abuse of authority and constitutes a direct violation of Section 16(2) of the West Bengal Municipal Act.
3. Learned Counsel for the respondent has produced a copy of the order dated 29.07.2025 issued by the Principal Secretary to the Government of West Bengal on behalf of the Governor, whereby, in exercise of the powers conferred under sub-section (1) of Section 431 of the West Bengal Municipal Act, the Board of councillors of the Krishnanagar Municipality has been directed to show cause within 7 days as to why it should not be dissolved on grounds of (i) illegal 3 sanction of building plans, (ii) irregular collection of property tax, (iii) failure to convene meetings of the Board of councillors, and (iv) failure to provide basic civic services such as garbage removal, drainage cleaning, and redressal of public grievances, thereby resulting in a complete breakdown of municipal administration and functioning.
4. Learned Counsel for the petitioners further submits that although proceedings have been initiated under Section 431 of the West Bengal Municipal Act, 1993, the fact remains that the concerned councillor has indulged in misappropriation and siphoning of municipal funds and has passed the budget without due approval, despite specific objections raised by the elected councillors. Such conduct, it is urged, amounts to cheating and gross misappropriation of public funds, which necessarily warrants a thorough inquiry and investigation by the Director of Local Bodies. It is further pointed out that although a report has been submitted by the Director of Local Bodies, the same is conspicuously silent on the critical issues relating to misappropriation of municipal funds and the illegal sanctioning of the budget.
5. This Court is of the considered view that the allegations of misappropriation of public funds and 4 siphoning of budgetary allocations strike at the very root of municipal accountability and governance and, therefore, cannot be lightly brushed aside. Accordingly, the Director of Local Bodies is directed to specifically examine the said allegations and, if warranted, to initiate appropriate proceedings in accordance with law against respondent no. 5.
6. Learned Counsel for the petitioners submits that although no criminal proceedings have been initiated by the petitioners at this stage, they reserve their right to pursue appropriate proceedings in accordance with law at a later stage, if so advised. It is further submitted that the petitioners are satisfied that the Department of Urban Development and Municipal Affairs has already initiated proceedings under Section 431 of the West Bengal Municipal Act, 1993 against the Board of councillors, Krishnanagar Municipality. In view of such initiation, the petitioners do not wish to press the present writ petition any further at this stage.
7. In light of the aforesaid submissions and having regard to the necessity of a proper investigation into the alleged misappropriation of public funds, the writ petition stands disposed of in the above terms.
(Gaurang Kanth, J.)