Calcutta High Court (Appellete Side)
Smt. Samala Rajak vs The State Of West Bengal & Ors on 16 March, 2022
Author: Shampa Sarkar
Bench: Shampa Sarkar
16.3.2022
Ct. No.19
Sl.no.24
sn
W.P.A. No. 18317 of 2021
Smt. Samala Rajak
Vs.
The State of West Bengal & ors.
Mr. Chittaranjan Chakraborty
Mr. Kashiswar Ghosal
.... the petitioner
Mr. Dipankar Pal
Mr. Monoranjan Mahata
..for the respondent no,6
Mr. Lalit Mohan Mahata Mr. Prasanta Behari Mahata ..for the State This matter cannot be heard without affidavits in view of the decision passed by this Court in the matter of Prahbati Sarkar & Ors. Vs. State of West Bengal & Ors. reported in (2010) 2 WBLR(Cal) 201. No interim order can be passed at this stage.
The petitioner is the sole Scheduled Caste candidate in Mankiary Gram Panchayat, District Purulia. The petitioner was removed. The petitioner proposed her name for being elected but the election was not held because none had proposed the name of the petitioner. It is submitted that the law does not permit the petitioner to propose her own name. The Hon'ble Division Bench in the matter of Prahbati Sarkar & Ors. Vs. State of West Bengal & Ors. reported in (2010) 2 WBLR(Cal) 201, held that one member should be compelled to resign and a by-election must be 2 held so that a scheduled caste candidate can be elected by the electorate and thereafter the said elected candidate may be elected as a Pradhan.
Let affidavit-in-opposition be filed within a period of four weeks; reply thereto, if any, be filed within a period of two weeks thereafter.
Liberty is given to the parties to mention the matter before the appropriate Bench after completion of the aforementioned period.
(Shampa Sarkar, J.)