Calcutta High Court (Appellete Side)
Ujjawal Kumar Singha vs The State Of West Bengal & Ors on 26 October, 2016
Author: Sahidullah Munshi
Bench: Sahidullah Munshi
1
14
26.10.2016
ssd.
W.P. 25053 (W) of 2016
Ujjawal Kumar Singha
Vs.
The State of West Bengal & Ors.
Mr. Biswaroop Bhattacharya,
Mr. Anindya Bose,
Mr. Chandrachur Chatterjee
... for the petitioner.
Mr. Partha Sarathi Bhattacharya,
Mr. Abdur Rakib
Mr. K. Hossain
Mr. Sabir Ahmed,
Mr. Arunabha Maity
... for the respondents 8 to 14 and
17 to 20.
Mr. Sadhan Kumar Halder, Mr. Somnath Naskar .........for the State-respondent.
This writ petition has been filed challenging a notice dated 20th October, 2016 issued by the prescribed authority fixing 28th October, 2016 the date for meeting for deciding the 'no confidence motion' as per requisition notice issued by the requisitionists on 19th October, 2016, being annexure P/13 to the writ petition.
Mr. Bhattacharya, learned advocate appearing for the petitioner submits that certain allegations have been made in the requisition notice which is not required under the provision of Section 12 of the Panchayat Act and, he, refers to a judgment passed by a Division Bench of this Hon'ble Court where it says that if a no confidence requisition notice is brought making allegation against the petitioner, the petitioner 2 will have to be given a chance to defend the same in the meeting called by the prescribed authority.
However, considering the materials on record, I hold that the meeting should not be postponed, therefore, the prescribed authority is directed to hold the meeting on 28.10.2016 as schedule time or on some other day according to its convenience and the outcome of the said meeting shall not be published till 18th November, 2016.
In the meanwhile, the petitioner is directed to serve copies of the writ petition upon the non-appearing respondents.
The respondents are directed to file affidavit-in- opposition by 7th November, 2016; reply, if any, thereto may be filed by 15th November, 2016.
The writ petition be placed before the regular Bench subject to its convenience.
(Sahidullah Munshi, J.)