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Documents citing Gopal Kumar & Anr vs The State Of West Bengal & Ors on 18 December, 2014

Farida Bibi vs The State Of West Bengal & Ors on 2 September, 2016

Secondly, it has been clearly stated in the decision mentioned herein above (Gopal Kumar and Anr. Vs. State of West Bengal and Ors.) that issuance of notice for convening such meeting itself indicates the satisfaction of the prescribed authority as regards acceptability of such motion. In that view of this case, I do not find any illegality in requisitioning such meeting by the prescribed authority in terms of the notice dated 25th August, 2014 of respondent no. 10 to 12 and 15 to 22. Mere non-mentioning of political identity in the notice will not render the entire notice illegal. More so, when the prescribed authority has verified the political identity of the requitionist before convening such meeting.
Calcutta High Court (Appellete Side) Cites 7 - Cited by 0 - Full Document

Rahuja Bibi & Ors vs The State Of West Bengal & Ors on 14 January, 2022

18. Section 12(1) of the said Act makes it clear that the Pradhan may, at any time be removed from his office by the majority of the existing members of the gram panchayat, expressing their lack of confidence against the Pradhan or recording their decision to remove the Pradhan at a meeting specially convened for the purpose. Section 12(2) provides that for the purpose of removal of Pradhan, one third of the existing members referred to in the subsection (1) of Section 12 subject to minimum of three, shall sign a motion in writing expressing their lack of confidence against the Pradhan or recording their intention to remove the Pradhan. Section 12(3) provides that the prescribed authority on receipt of the motion shall satisfy himself whether the requirements under sub-section (2) of Section 12 had been met and on his satisfaction, shall specially convene a meeting by issuing a notice within five working days from the receipt of the motion. The meeting shall be held in the office of the gram panchayat. The date and hour of the meeting shall be fixed in the said notice and at least seven clear days time would have to be given to each of the existing members for consideration of the motion and for taking a decision on it. In this case, the law prescribes that a minimum of three members can bring a motion indicating their lack of confidence in the Pradhan. Section 12(1) provides that the removal has to be made by majority. A harmonious construction of section 12(1) and 12(2) of 11 the said Act would show that the Pradhan can be removed by a majority of the members of the gram panchayat at a meeting specially convened for the purpose and such meeting shall be held pursuant to a requisition brought by one third of the members of the gram panchayat which shall be not less than three members, indicating their intention to remove the Pradhan or their lack of confidence. The following conditions must be complied with and the prescribed authority must be satisfied of the same: [Gopal Kumar & Anr vs The State Of West Bengal & Ors reported in (2015) 1 CHN 445 (DB)]
Calcutta High Court (Appellete Side) Cites 13 - Cited by 0 - S Sarkar - Full Document

Tapas Panda vs The State Of West Bengal & Ors on 10 April, 2015

(o) ............................................................................... In view of the aforesaid Supreme Court decisions, I cannot convince myself to accept the contention of the respondent no. 3 that an award passed by the Registrar or any Officer authorized by him under Section 128 of the said Act need not disclose any reason. So far as the decision of the Division Bench of this Court in the case of Gopal Kumar & Anr. (supra) cited by Mr. Bhattacharyya, in the said case, the subject matter of challenge in the writ petition was not a decision of a quasi-judicial authority under any statute. The question of law that arose for consideration by the Division Bench, in the said case is stated in paragraph 2 of the said decision as follows:
Calcutta High Court (Appellete Side) Cites 26 - Cited by 0 - Full Document

Shrikanta Mandal & Ors vs The State Of West Bengal & Ors on 23 August, 2021

Mr. Das further submits that the intention of the prescribed authority was to allow the period of five working days from the date of receipt of the motion to expiry without issuance of the notice, so that the second requisition also gets frustrated. The next contention of Mr. Das is that the law does not prescribe that an elaborate hearing has to be held by the prescribed authority before taking any decision. As per the decision of the Hon'ble Division Bench in the matter of Gopal Kumar versus State of West Bengal, reported in 2015 (1) CHN Cal 445, has to perform a ministerial act to ensure that the check list as provided under Section 12(2) 3 of the said Act had been complied with or not. The relevant portion of the said judgment is quoted below:
Calcutta High Court (Appellete Side) Cites 8 - Cited by 0 - S Sarkar - Full Document

Ranjita Halder (Majumdar) vs The State Of West Bengal & Ors on 15 November, 2021

A Hon'ble Division Bench of this Court in the decision of Gopal Kumar & Another v. The State of West Bengal & Others reported in 2015 (1) CHN Cal 445, has held that the prescribed authority is to perform a ministerial job in proceeding on the basis of Sections 12(2) and onwards of the said Act and he must see whether the checklist provided in the statute had been complied with or not, by the requisitionists.
Calcutta High Court (Appellete Side) Cites 3 - Cited by 0 - S Sarkar - Full Document

Mosa Sakila Bibi vs The State Of West Bengal & Ors on 8 December, 2021

As per the decision of the Hon'ble Division Bench in the matter of Gopal Kumar versus State of West Bengal, reported in 2015 (1) CHN Cal 445, the prescribed authority has to perform a ministerial act to ensure that the check list as provided under Section 12(2) of the said Act had been complied with or not. The relevant portion of the said judgment is quoted below:
Calcutta High Court (Appellete Side) Cites 8 - Cited by 0 - S Sarkar - Full Document
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