Sushanta Mandal v. State Of West Bengal And ORS.

July 2, 2026

(19) ARDR WPA 14753 of 2026 Sushanta Mondal & ors.

Vs.

The State of West Bengal & ors.

Adv. Amrita Lal Chatterjee, Adv. Satyake Banerjee, Adv. Snehasish Dey, ...for the petitioners.

Adv. Madhu Jana, Adv. Puja Sonkar, ...for the State.

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

The Panchayat and the private respondents are not represented despite service.

The petitioners are the members of Bahutali Gram Panchayat and submitted a no confidence motion against the Pradhan of the Panchayat before the Prescribed Authority on 11th June, 2026. By a notice issued on 17th June, 2026, the Prescribed Authority fixed the date of meeting on 25th June, 2026. However, by a subsequent notice issued on 23rd June, 2026, the Prescribed Authority cancelled the meeting due to non availability of police assistance. The petitioners seek a direction upon the Prescribed Authority to convene the meeting and conclude the proceeding in accordance with law.

It appears that the meeting was cancelled since the Inspector in charge, Suti police station informed that he was unable to provide adequate police force for the meeting. It is a fact that the time frame for conclusion of a procedure under Section 12 of the West Bengal Panchayat

Act, 1973 has expired. At the same time the petitioners cannot suffer for no fault on their part and for the inability of the police to provide necessary assistance. In view of the above, this Court directs the Prescribed Authority and Block Development Officer, Suti I Development Block, being the 5th respondent herein, to convene the meeting within ten days from the date of communication of this order and take the proceeding to its logical conclusion within the time frame stipulated in Section 12 of the Act of 1973. The date of communication of this order shall be treated as the date of submission of the no confidence motion before the Prescribed Authority. The Officer in charge, Suti Police Station, being the 6th respondent herein, is directed to render necessary assistance to the 5th respondent so that the meeting is 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 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.)