Tafijul Hoque v. State Of West Bengal And ORS.
& jdt. 22.06.2026 jb.
WPA 12941 of 2026 with WPA 13361 of 2026 Mr. Sabyasachi Chatterjee Mr. Aritro Ghosh .... For the Petitioners (WPA 12941/2026) .... For the Respondent no. 10-15 and 17-24 (WPA 13361 of 2026) Ms. Aishwarya Rajyashree Ms. Puja Sarkar .... For the State Mr. Jayanta Kumar Das Mr. Gourav Das Mrs. Madhumanti Das .... For the Petitioner WPA 13361 of 2026 Since the issues in both the writ petitions are interrelated they are considered together and are being disposed of by common order.
WPA 13361 of 2026 is filed by the Pradhan of Jalalpur Gram Panchayat alleging that five elected members of the Panchayat under the banner of Indian National Congress have switched allegiance to the All India Trinamool Congress without prior intimation and have thereby given up their membership of Indian National Congress. Also, two members Bilkishtara Bibi and Suman Bibi have not attended three consecutive meetings of the Panchayat despite service of notice upon them for which they need be removed from their
membership in terms of Section 11 (1)(d) of the West Bengal Panchayat Act, 1973.
It is pointed out by the learned counsel for the respondents that no application under Section 11 of the Act of 1973 has been filed in so far as the five elected members are concerned. Application under the said provision of law has been filed only in respect of Bilkishtara Bibi and Suman Bibi by the Pradhan on 1st June, 2026.
In view of the fact that no representation under Section 11 of the Act has been submitted by the petitioner in respect of the five elected members before the Prescribed Authority, the allegation of the petitioner against them cannot be considered.
In so far as the representation submitted against Bilkishtara Bibi and Suman Bibi is concerned, the Prescribed Authority and Sub-Divisional Officer, Chanchal, being the 6th respondent herein, is directed to consider and dispose of the same within four weeks from the date of communication of this order upon granting reasonable opportunity of hearing to all concerned including the petitioners and the private respondents, in accordance with law. The decision taken by the authority shall be communicated to the parties within a week thereof.
In WPA 12941 of 2026, the members of the Panchayat floated a no confidence motion against the
Pradhan, being the 9th respondent herein, before the Prescribed Authority under Section 12 of the Act of 1973 on 22nd May, 2026 which was received by the latter on the same date. The Prescribed Authority issued a notice on 29th May, 2026 fixing the date of meeting on 9th June, 2026. A further notice was issued on 8th June, 2026 postponing the meeting on 9th June, 2026 on the ground of non-availability of police assistance. The petitioners seek a direction upon the Prescribed Authority to fix the date of meeting in terms of Section 12(2) of the Act and conclude the proceeding within the stipulated time frame.
Learned counsel for the Pradhan submits that if the names of Bilkishtara Bibi and Suman Bibi are struck off from the list of members, the requisition notice shall lose its force. Also, another member Rekha Khatun, being the 13th petitioner herein, has informed the Prescribed Authority that her signature in the requisition notice was obtained upon threat and coercion and she does not intend to participate in the said motion.
Upon consideration of the submission made on behalf of the parties, this Court is of the view that since the requisition notice has been signed by 15 out of 28 members of the Panchayat, even if the names of three members are struck out, the notice shall still remain valid since it shall contain the signatures of 1/3rd of the
existing members subject to the minimum of three members. In view of the time frame contemplated in Section 12 of the Act, the Prescribed Authority and Block Development Officer, Chanchal II Development Block, being the 5th respondent herein, is directed to convene the meeting within 10 days from the date of communication of this order and take the proceeding to its logical conclusion within the stipulated time frame laid down in the Act. The Officer in charge of Chanchal Police Station, being the 7th respondent herein, is directed to render necessary assistance to the 5th respondent so that the meeting can be held peacefully and without any disturbance from any corner whatsoever.
The writ petitions are disposed of.
There shall be no order as to costs.
Since no affidavit has been invited, allegations contained in the writ petition shall be deemed not to have been admitted.
Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities.
(Suvra Ghosh, J.)