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Calcutta High CourtWPA/12744/2026disposed

Fency Khatun And ORS v. State Of West Bengal And ORS.

2026-06-15Hon'Ble Justice Suvra Ghosh3 pages

15.06.2026 Ct. No.15 b.das WPA 12744 of 2026 Fency Khatun & Ors.

Vs.

The State of W. B. & Ors.

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

Mr. Sabyasachi Santra ...for the private respondent. Ms. Aishwariya Rajyashree Ms. Puja Sonkar ...for the State.

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

The petitioners being members of Chandmoni-I Gram Panchayat floated a no confidence motion against the private respondent who is the Pradhan of the Panchayat and upon being satisfied the prescribed authority issued notice upon the parties convening the meeting on 3rd June, 2026.

In the meantime, the private respondent approached this Court in a writ petition being WPA 12134 of 2026 assailing the notice dated 18th May, 2026.

By an order passed on 29th May, 2026, a co-ordinate Bench of this Court refused to interfere with the proceeding and directed that any steps taken in the meeting would abide by the final decision of the writ petition. The writ petition is pending.

The Block Development Officer, being the prescribed authority issued a notice on 29th May, 2026 intimating

postponement of the meeting due to non-availability of the police personnel.

The petitioners seek a direction upon the prescribed authority to convene the meeting and take necessary steps in terms of Section 12 of the West Bengal Panchayat Act, 1973.

Upon consideration of the submission made on behalf of the parties, this Court is of the view that since the prescribed authority recorded his satisfaction in terms of Section 12(3) of the Act to the effect that the requisition conform to the requirements of sub-section 2 and convened the meeting on 3rd June, 2026, which could not be held, the prescribed authority, being the 7th respondent herein, is directed to convene the meeting within 10 days from the date of communication of this order upon service of notice to both the parties in terms of Section 12(3) of the Act. The said respondent shall take necessary steps in terms of Section 12 in concluding the proceeding. The Inspector in charge, Ratua PS, being the 8th respondent herein, is directed to render necessary assistance so that the meeting is held peacefully and without any hindrance whatsoever.

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.)