Masdul Shaikh v. State Of West Bengal And ORS.

Item No. 9 In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side 12.08.2022 Ct-24 WPA 17524 of 2022 Masadul Shaikh v.

The State of West Bengal & Ors.

Mr. Sarwar Jahan Mr. Amanul Islam Mr. Sourav Mukherjee ... for the petitioner.

Mr. Shahan Shah ... for the respondent no. 8.

Mr. Himadri Sikhar Chakraborty Mr. Susnita Saha ... for the State respondents.

The petitioner claims to be the Pradhan of the Dhoradaha-II Gram Panchayat under Karimpur-II Development Block, District-Nadia.

The Pradhan has made a representation before the Sub-Divisional Officer, Tehatta, Nadia on July 18, 2022 with a request to initiate proceeding under Section 11(1)(d) of the West Bengal Panchayat Act, 1973 for removal of Habib Biswas, respondent no. 8 and elected member of the Gram Panchayat on the ground that the above named member of the aforesaid Gram Panchayat was absent in more than seven consecutive meetings of the Gram Panchayat without the leave of the Gram Panchayat.

The petitioner alleges that the representation dated July 18, 2022 has not been acted upon by the Sub-Divisional Officer till date.

As it appears that the application filed by the petitioner is pending consideration before the SubDivisioinal Officer, Tehatta, Nadia, accordingly, the instant writ petition is disposed of by directing the respondent no. 6 being the prescribed authority and the Sub-Divisional Officer, Tehatta, Nadia to consider and dispose of the representation filed before the said authority on July 18, 2022 strictly in accordance with law after giving reasonable opportunity of hearing to the petitioner and the respondent no. 8 and all other necessary parties at the earliest, but positively within a period of four weeks from the date of communication of a copy of this order.

The said respondent shall pass a reasoned order and communicate the same to the parties immediately thereafter.

The respondent no. 8 shall be supplied with all the documents relied upon for taking a decision with regard to the removal of his membership.

The writ petition stands disposed of.

Leave granted to the learned advocate representing the respondent no. 8 to file the Vakalatnama in the department by August 16, 2022.

Affidavit-of-service filed in Court today is taken on record.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all legal formalities.

Sh (Amrita Sinha, J.)