Badiruddin Ahammed And ORS v. State Of West Bengal And ORS.
June 17, 2026
(45) ARDR WPA 12935 of 2026 Badiruddin Ahammed & ors.
Vs.
The State of West Bengal & ors.
Adv. Md. Sarwar Jahan, Adv. Sayantan Hazra, Adv. Shalini Sen, Adv. Sahina Parvn, Adv. Emrul Karyes, ...for the petitioners.
Adv. D. N. Ray, Ld. G.P., Adv. Madhu Jana, Adv. Puja Sonkar, ...for the State.
Affidavit of service filed by the petitioners is taken on record.
The Panchayat and the Pradhan are not represented despite service.
The petitioners who are the members of Birnagar II Gram Panchayat initiated a no confidence motion against the Pradhan of the Panchayat, being the 8th respondent herein, on 7th May, 2026. Since the meeting could not be convened in terms of Section 12 of the West Bengal Panchayat Act, 1973, the petitioners approached this Court in a writ petition being WPA 12087 of 2026. By an order passed on 29th May, 2026, a coordinate Bench of this Court disposed of the writ petition with liberty to the petitioners to initiate fresh process for the relief prayed for, with notice to the State authorities and directed the authority to consider the same. The petitioners submitted a fresh requisition on 18th June, 2026 which was refused to be accepted by the Prescribed Authority for which the same
was sent by registered post and delivered to the Prescribed Authority on 5th June, 2026. Despite the same, no step has been taken by the Prescribed Authority till date. The time frame stipulated in the relevant provision of law is about to expire.
It appears that the requisition notice has been received by the Prescribed Authority and the Block Development Officer, being the 6th respondent herein, on 5th June, 2026. No notice appears to have been issued upon the parties intimating the date of meeting. In view of the above, the 6th respondent is directed to take necessary steps to convene the meeting pursuant to the requisition notice upon his satisfaction that the requisition notice conforms to the requirement of sub section 12(2) of the Act and take the proceeding to its logical conclusion within the time frame stipulated under Section 12 of the Act.
The Inspector in charge, Kaliachak Police Station, being the 9th respondent herein, is directed to render all possible assistance to the 6th respondent so that the meeting can be conducted peacefully and without any hindrance 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.)