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Calcutta High CourtWPA/5149/2026disposed

Misfekur Rahman And ORS v. State Of West Bengal And ORS.

2026-03-06Hon'Ble Justice Suvra Ghosh2 pages

06.03.2026 Ct. No.15 b.das WPA 5149 of 2026 Misfekur Rahman & Ors.

Vs.

The State of W. B. & Ors.

Mr. Gangadhar Das Mr. Tanmoy Chattopadhyay ...for the petitioners.

Mr. Swapan Banerjee Mr. Manas Kr. Sadhu ...for the State.

Affidavit of service filed by the petitioners and report submitted by the State are taken on record.

The Pradhan is not represented.

Heard learned counsels for the parties.

The petitioners moved a no confidence motion against the 10th respondent under Section 12 of the West Bengal Panchayat Act and submitted the same before the Block Development Officer, being the prescribed authority under the said provision of law.

The petitioners allege that the prescribed authority has remained silent over the issue in violation of Section 12(3) of the Act.

Learned counsel for the State submits that since the authority is involved in the SIR process, there has been some delay in acting upon the motion moved by the petitioners.

Upon consideration of the submission made on behalf of the parties, this Court directs the Block

Development Officer, Old Malda Development Block, being the 7th respondent herein, to take necessary steps in terms of the provision laid down under Section 12 of the Act within 10 days positively, in accordance with law. The said authority shall also take necessary steps for deployment of sufficient number of police personnel at the time of the meeting so that the meeting is held peacefully and law and order is maintained.

The writ petition is disposed of.

There shall, however, be no order as to costs. Since no affidavit is invited, the allegations contained in the writ petition are deemed not to have been admitted. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)