Rustam Mandal v. The State Of West Bengal And ORS.

22nd December, 2021 (D/L No.15) (SKB) WPA 20810 of 2021 (Via Video Conference) Rustam Mondal Vs.

The State of West Bengal and others Md. Sarawar Jahan, Mr. Abdul Aziz Mondal ... for the petitioner.

Mr. Lalit Mohan Mahata, Mr. Rudranil De ... for the State.

Mr. K. M. Hossain, Mr. Fazle Rabby Hazari ... for respondent nos.6 & 7.

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

This court finds no scope for any orders in the present writ petition since according to the petitioner's own case as would be evident from the submissions made by learned counsel, the representation made by the petitioner to the Prescribed Authority of the concerned Gram Panchayat which received by the Authority on 9th December, 2021 refers to a provision under which a member of the concerned Gram Panchayat cannot be removed by the Prescribed Authority.

Counsel for the State submits that in stead of Section 11 of the West Bengal Panchayat Act, 1973, a wrong section has been mentioned in the said letter.

W.P.A.20810 of 2021 is hence disposed of with liberty given to the petitioner to initiate proper proceedings under Section 11(1)(d) of the West Bengal Panchayat Act, 1973 or any other provisions as the petitioner may deem fit and proper.

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.)