Ranjit Sardar And ORS v. State Of West Bengal And ORS.

23rd December, 2021 (D/L No.17) (SKB) WPA 20743 of 2021 (Via Video Conference) Ranjit Sarkar and others Vs.

The State of West Bengal and others Mr. Atarup Banerjee, Mr. Sudarshan Ghosh, Ms. Saswati Adhikary ... for the petitioners.

Mr. Lalit Mohan Mahata, Mr. Supratim Dhar ... for the State.

Mr. Bijoy Adhikary, Mr. Pradip Kumar Sundar, Ms. Susmita Adhikary ... for respondent no.7.

The limited prayer of the writ petitioners, who are nine requisitionists and sent a Motion for removal of the Pradhan to the Prescribed Authority which was dated 23rd November, 2021 and received by the Prescribed Authority on that very day, is that the petitioners be granted liberty for moving a fresh Motion for removal of the Pradhan of the concerned Gram Panchayat.

The ground of such relief is that under Section 12(10) of the West Bengal Panchayat Act, 1973, the entire process from receipt of the Motion by the Prescribed Authority to any action finally taken by the

Prescribed Authority shall be completed within 30 days.

According to counsel for the petitioners, the Motion has lost its force since the 30 days duration was completed on 22nd December, 2021.

The Prescribed Authority does not oppose the prayer sought for.

W.P.A.20743 of 2021 is accordingly disposed of by granting liberty to the petitioners to move a fresh Motion under the provisions of the West Bengal Panchayat Act, 10973. This order shall be subject to payment of deficit court fees to be put in by the petitioners in the course of today.

Urgent photostat certified copy of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Moushumi Bhattacharya, J.)