Tapasi Halder v. State Of West Bengal And ORS.

04.08.2022 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A. 1947 of 2022 IA No. CAN 1 of 2022 Tapasi Halder -versus The State of West Bengal & Ors.

Mr. Debanik Banerjee, Mr. Akash Ganguly, Ms. P. Das, Mr. Aniruddha Ganguly.

...For the Petitioner.

Mr. Firdous Samim, Ms. Gopa Biswas, Ms. Mousumi Hazra.

...For the Respondent Nos. 7 to 12.

Mr. Wasim Ahmed, Mr. Tausif Ahmed Khan.

...For the State.

Affidavit-of-service filed in Court today is taken on record.

The petitioner claiming to be the Pradhan of Hariharpur Gram Panchayat has submitted two applications before the prescribed authority on 4th January, 2022 praying for removal of six elected members as they remained absent in three consecutive meetings of the Gram Panchayat.

The petitioner alleges that the same has not been taken up for consideration till date.

Learned advocate appearing for the respondent Nos. 7 to 12 denies the allegations made by the petitioner.

Be that as it may, as it appears that the representations filed by the petitioner is pending consideration at the end of the prescribed authority for a considerable period of time, accordingly, the instant writ petition is disposed of by directing the respondent no. 4 being the Sub-Divisional Officer, South 24Parganas, Diamond Harbour Sub-Division to take into consideration the representations filed by the petitioner on 4th January, 2022, strictly in accordance with law, after giving reasonable opportunity of hearing to all the necessary parties, at the earliest, but positively within a period of four weeks from the date of communication of a copy of this order. The said respondent shall pass a reasoned order and communicate the same to all the necessary parties immediately thereafter.

It is made clear that this Court has not entered into the merits of the claim made by the petitioner and all points are left open to be decided by the aforesaid respondent at the time of consideration of the representations filed by the petitioner.

The petitioner is directed to forward copy of both the representations dated 4th January, 2022 along with all documents in support of the said representations to the aforesaid respondent at the time of communicating the order of the Court.

The writ petition and the connected application stand disposed of.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

( Amrita Sinha, J.)