Md Rahmatullah And ORS v. State Of West Bengal And ORS.

19.06.2026 Ct. No.15 b.das WPA 13205 of 2026 Md. Rahmatullah & Ors.

Vs.

The State of W. B. & Ors.

Md. Sarwar Jahan Mr. Sayantan Hazra Ms. Shalini Sen Ms. Sahina Parven Mr. Emrul Kayes ...for the petitioners.

Mr. Madhu Jana Ms. Puja Sonkar ...for the State.

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

The petitioners who are members of Bilaimari Gram Panchayat floated no confidence motions for removal of the Pradhan and the Upa Pradhan being the 10th and 11th respondents herein which were received by the Prescribed Authority on 21st May, 2026.

The Prescribed Authority called a meeting on 12th June, 2026 with regard to both the requisition notices upon service of notice on the parties.

By a notice issued on 6th June, 2026, the Prescribed Authority postponed the meeting due to non availability of police personnel as informed by the Inspector in Charge of Ratua Police Station, Malda. The petitioners seek a direction upon the Prescribed Authority to convene the meeting and complete the procedure 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 Section 12 of the Act of 1973 prescribes a time frame for completion of a procedure under the said provision, the Prescribed Authority and Block Development Officer, Ratua-I Development Block, being the 6th respondent herein, is directed to convene the meeting within 10 days from the date of communication of this order upon service of notice to the parties and take the proceeding to its logical conclusion in terms of Section 12 of the Act of 1973.

The Inspector in Charge of Ratua PS., Malda, being the 9th respondent herein, is directed to render necessary assistance to the 6th respondent so that the meeting can be 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 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.)