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1 - 7 of 7 (0.30 seconds)Sourendra Nath Das vs The State Of West Bengal & Ors on 28 July, 2021
7. This court in the matter of Sourendra Nath Das v. The State of West
Bengal & ors. (WPA 11903 of 2021) held as follows:
Dr. Md. Rezaul Karim & Ors vs The State Of West Bengal & Ors on 17 August, 2017
22. Reference is made to the decision of Md. Ali Reza (Supra). The relevant
portion is quoted below:
Ujjal Mondal vs The State Of West Bengal on 23 April, 2013
In my opinion, the decision of Ujjal Mondal (supra) applies. Even if the
allegations are not as serious as misappropriation or misconduct,
incapacity or incompetence of a political leader to perform works in
the locality which has cause disillusionment, unhappiness and
suffering to the people in the locality are allegations which can be
viewed with seriousness. The future prospects of the pradhan might
be jeopardized. He will also not get a chance to explain his conduct.
Thus, the requisition notice and subsequent notice are set aside for
the reasons stated hereinabove."
Article 14 in Constitution of India [Constitution]
Section 101 in The West Bengal Panchayat Act, 1973 [Entire Act]
Gopal Kumar & Anr vs The State Of West Bengal & Ors on 18 December, 2014
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
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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)]
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