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1 - 4 of 4 (0.19 seconds)Naru Gopal Chakraborty And Ors. vs The State Of West Bengal And Ors. on 15 September, 2006
A fact which has been brought to the notice of this Court
during the course of hearing that in the meanwhile the petitioner
no.1 has already been removed from the post of Pradhan in the
meeting held on 29th November, 2011, is also a clear indication of
a transparent democratic process being in operation. As observed
by the Division Bench of this Court in Naru Gopal Chakraborty &
Ors. vs. State of West Bengal & Ors. (supra), it must be
remembered that in a democratic process there is no scope for
allowing a person who has lost confidence to continue even for a
minute after the resolution had taken place.
The West Bengal Panchayat Act, 1973
Manju Bala Singh Patar vs State Of West Bengal & Ors on 2 November, 2011
On the other hand, learned counsel appearing on behalf of
the private respondent nos. 7 to 12 submitted that the impugned
notice dated 17th November, 2011, was issued by the prescribed
authority upon reaching due satisfaction in terms of sub-section
(3) of section 12 of the West Bengal Panchayat Act, 1973. In order
to reach such satisfaction, all that the prescribed authority was
required to do was to take into consideration whether the
requirements of sub-section (2) of section 12 had been
substantially complied with. Learned counsel submitted that
although the notice dated 11th November, 2011, did not indicate
the party affiliation of the signatories, that defect was removed in
the subsequent notice dated 15th November, 2011. In any event,
non-indication of party affiliation would not have rendered the
notice dated 11th November, 2011, bad in law. Relying on a recent
unreported judgment of this Court rendered in W. P. 17499 (W) of
2011 (Manju Bala Singh Patar Vs. State of West Bengal & Ors.)
on 2nd November, 2011, he submitted that the object of
introducing section 12 sub-sections (1), (2) and (3) in the statute
was only to ensure that a motion of no confidence for removal of a
Pradhan or an Upa-Pradhan was brought about and executed
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through a transparent democratic process which would ensure
elimination of any clandestine design being evolved to oust either
of them.
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