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Calcutta High Court (Appellete Side)

Shri Narendra Nath Tiwari vs State Of West Bengal & Ors on 22 December, 2016

                                    1

22.12.2016
(13)
DC.




                  A.S.T. 345 of 2016


                 Shri Narendra Nath Tiwari
                           Vs
                 State of West Bengal & Ors.
                 Mr. Surya Prasad Chattopadhyay
                                      .. for petitioner

                 Mr. Haharlal De
                                        ...for respondents

The contention of the writ petitioner is that the Chairman, Englishbazar Municipality, Malda resigned without following the procedure mentioned in Section 18(2) of the said Act and the Rules framed thereunder.

On 1st December, 2016, the Chairman addressed a letter of resignation to the District Magistrate. Mr. De, learned counsel for the State submits that the District Magistrate through the Sub-divisional Officer forwarded the letter to the Board of Councillors. On 13th December, 2016, the Sub-divisional Officer issued a notice convening a meeting of the Board of Councillors on 16th December, 2016. The Board of Councillors met on 16th December, 2016 and accepted his resignation. Steps are being taken by the Municipality to elect a new Chairman.

In my opinion, there is sufficient compliance with the requirement of Section 18(2) of the said Act.

The writ petitioner appears to be a busy body interested in interfering with the ensuing election of the Chairman.

All the papers are before this Court.

2

Affidavits were not invited. The allegations contained in the petition are deemed not to have been admitted.

This writ application is accordingly disposed of with the above observation. Urgent certified copy of this order, if applied for, be given to learned Advocates for the parties upon compliance of all requisite formalities.

(I.P.Mukerji-J.)