Sahadeb Bauri And ORS v. State Of West Bengal And ORS.

S/L 25 14.07.2021 Court. No. 19 GB W.P.A. 11152 of 2021 Sahadeb Bauri & Ors.

Vs.

The State of West Bengal & Ors.

(Through Video Conference) Mr. Partha Sarathi Bhattacharyya, Ms. Ankita Dey, Mr. Rameshwar Sinha.

... for the Petitioners.

Mr. Arindam Chattopadhyay.

... for the State.

The writ petition has been filed by some of the members of the Gram Panchayat indicating that the general meeting of the Gram Panchayat of Srikabad Gram Panchayat would be held on June 29, 2021. The three agenda are quoted below:

"Agenda:-

1. Approval of Form 27 of 2020-21 FY

2. Remand module of Awas plus

3. TENDER related of 15th FC, 14 th FC And PBG IBRD"

The said meeting was not held and subsequently a notice was issued on July 9, 2021 indicating that the meeting would be held on July 16, 2021 at 11.00 am.

The petitioners are aggrieved by the decision of the Secretary of the concerned Gram Panchayat to hold the aforementioned meeting. It is submitted by the petitioners

that during the COVID outbreak, such a meeting should not be held. The petitioners rely on the order of the Government of West Bengal dated June 28, 2021.

Mr. Chattopadhyay, learned advocate appearing on behalf of the State respondents submits that the three agenda are of grave importance and the meeting is required to be held within the period mentioned by the authority, failing which, the funds which have been received for certain project to be undertaken by the panchayat authority will return to the District Authority and the developmental works, related to such agenda will not be completed. I do not find that the petitioners have any statutory or legal right to stall any meeting. No such meetings which are required for functioning of an office has been barred by the Government. The Government officers have resumed functioning. I do not find any violation with the COVID-19 norms, which have been framed by the Government. Under such circumstances, I do not find any reason to interfere with the order impugned.

Accordingly, the writ petition is disposed of. However, it is made clear that all meetings are to be held by maintaining COVID-19 norms.

However, there will be no order as to costs.

All the parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)