Hasibur Rahaman Sekh And ORS v. State Of West Bengal And ORS.

June 30, 2026

(45) ARDR WPA 12847 of 2026 Hasibur Rahaman Sekh & ors.

Vs.

The State of West Bengal & ors.

Adv. Md. Salahuddin, Adv. Md. Raziuddin, ...for the petitioners.

Adv. Madhu Jana, Adv. Rahul Agarwala, Adv. Puja Sonkar, ...for the State.

Affidavit of service filed by the petitioners is taken on record.

The 7th and 8th respondents are not represented despite service.

The petitioners are the members of Bikrampur Gram Panchayat and submitted no confidence motion before the Prescribed Authority on 19th May, 2026 which was received by the latter on 29th May, 2026. By a notice issued on 22nd May, 2026 the Prescribed Authority fixed the date of meeting on 3rd July, 2026. However, by a subsequent notice issued on 22nd June, 2026 the meeting was deferred due to non-availability of police assistance. The petitioners seek a direction upon the Prescribed Authority to convene the meeting and conclude the proceeding in accordance with law.

It appears that the requisition notice was issued by the Prescribed Authority on 20th May, 2026 and the proceeding has not been concluded within the time frame stipulated under Section 12 of the West Bengal Panchayat Act, 1973. In view of the fact that the meeting was deferred

by the Prescribed Authority due to unavoidable circumstances, the Prescribed Authority and the Block Development Officer, Nakashipara Development Block, being the 6th respondent herein, is directed to convene the meeting within ten days from the date of communication of this order upon service of notice to the parties concerned and take the proceeding to its logical conclusion within the time frame stipulated in Section 12 of the Act. The date of communication of this order shall be treated as the date of submission of requisition notice before the Prescribed Authority.

The Inspector in charge, Nakashipara Police Station, being the 9th respondent herein, is directed to render necessary assistance to the 6th respondent so that the meeting is held peacefully and without any disturbance from any corner whatsoever.

The writ petition is accordingly disposed of. There shall however, be no order as to costs. Since no affidavit is invited, the allegations contained in the 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.)