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Calcutta High CourtWPA/13177/2026disposed

Shilpi Mondal v. State Of West Bengal And ORS.

2026-06-18Hon'Ble Justice Suvra Ghosh2 pages

18.06.2026 Ct. No.15 b.das WPA 13177 of 2026 Shilpi Mondal Vs.

The State of W. B. & Ors.

Md. Sarwar Jahan Mr. Dipankar Mandal Mr. Abdul Aziz Mondal Mr. Sayantan Hazra ...for the petitioner.

Mr. Shahan Shah Mr. Soumen Barman Ms. Sanjita Sarkar...for the respondent nos.8 to 18. Mr. D. N. Ray Mr. Madhu Jana Ms. Puja Sonkar ...for the State.

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

The petitioner who is the Pradhan of Bali-I Gram Panchayat alleges that though a notice of meeting has been issued by the Prescribed Authority/Block Development Officer, Nowda Development Block on 9th June, 2026 under sub-rule (2) of Rule 5B of the West Bengal Panchayat (Administration) Rules, 1975 fixing the date of meeting on 22nd June, 2026, the requisition notice on the basis of which such meeting has been fixed has not been served upon her in terms of Section 12(2) of the West Bengal Panchayat Act, 1973 either at the Gram Panchayat office or at her residential address. Copy of the notice was forwarded to her by the Block Development

Officer through Whatsapp in response to a query made by her in this regard on 11th June, 2026.

Learned counsel for the private respondents candidly submits that the requisition notice has not been served upon the petitioner in terms of Section 12(2) of the Act. In view of the above, this Court is inclined to hold that since the requisition notice is not in consonance with the provision laid down under Section 12 of the Act, the notice is cancelled/quashed. However, the requisitionists are at liberty to submit a fresh requisition notice before the Prescribed Authority in terms of Section 12 of the Act. In the event such notice is submitted, the Prescribed Authority shall take necessary steps in terms thereof. 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 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.)