Calcutta High Court (Appellete Side)
Monoj Kumar Chowdhury & Ors vs The State Of West Bengal & Ors on 17 May, 2012
Author: Biswanath Somadder
Bench: Biswanath Somadder
1
17.5.2012.
ap
W. P. 8536 (W) of 2012.
Monoj Kumar Chowdhury & Ors.
Vs.
The State of West Bengal & Ors.
Mr. Arindam Sinha
Ms. Monika Kalra
... For the petitioners.
Mr. Kamalesh Bhattacharya, A.G.P.,
Mr. Swapan Kumar Pal
... For the State.
Mr. Chitta Ranjan Chakraboty
Mr. Parvej Anam
... For the applicant in
CAN 4869 of 2012.
Re: CAN 4869 of 2012.
By consent of the parties, the application for addition of party, being CAN 4869 of 2012, is taken up
for hearing by treating the same as on day's list.
Having heard the learned advocates for the parties and upon
perusing the application, it appears that the applicant is a necessary and
proper party in respect of writ petition, being W. P. 8536 (W) of 2012.
The application for addition of party, being CAN 4869 of 2012, is,
therefore, allowed.
Learned advocate-on-record of the writ petitioners is directed to
amend the cause-title of the writ petition suitably by adding the applicant
as party. A copy of the amended writ petition shall be served upon the
learned advocate for the added respondent by this week.
W. P. 8536 (W) of 2012.
Affidavit of service filed in Court today be kept on record. 2 After considering the submissions made by the learned advocates for the parties, it appears that the only issue that comes up for consideration is whether the Prescribed Authority, while passing the impugned order dated 10th April, 2012, based his decision to reject the prayer of the writ petitioners to be treated as a group representing a faction under section 213A of the West Bengal Panchayat Act, 1973, upon wrongly treating two out of eight members of the concerned Panchayat as expelled members of the Indian National Congress, thereby not allowing the group to qualify as a legitimate faction.
It is the specific contention of the learned advocate for the petitioners that although in the letter dated 25th March, 2012, issued by the President, Malda District Congress Party, which was addressed to the Sub- Divisional Officer, Malda Sadar and Block Development Officer, Kaliachak
- III Development Block, Malda, the President has stated that the Malda District Congress Party has decided to expel the two gram panchayat members as party members, no notice of expulsion was actually served upon the said two persons - who have been treated as expelled party members - at the time of receipt of the said letter dated 25th March, 2012, by the concerned respondent authorities.
Since a specific case has been made out by the writ petitioners, this Court calls upon the added respondent to produce any document on the next date, which would demonstrate that the two gram panchayat members were actually expelled as party members by the Indian National 3 Congress on or before 27th March, 2012, being the date when the intimation of the President of Malda District Congress Committee dated 25th March, 2012, reached the hands of the Sub-Divisional Officer, Malda Sadar and Block Development Officer, Kaliachak - III Development Block, Malda.
In the meanwhile, since the writ petitioners have made out a prima facie case, they are entitled to an ad-interim protection. The Prescribed Authority is, therefore, restrained from giving any effect to the impugned order dated 10th April, 2012, till the next date.
Let this matter appear for further consideration under the same heading on 19th June, 2012.
Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties.
(Biswanath Somadder, J.) 4 5