Masiur And ORS. v. State Of West Bengal And ORS.

29.08.2023 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 20734 of 2023 Masiur & Ors.

-versus The State of West Bengal Ors.

Mr. P.S. Deb Barman, Mr. Shaharayar Alam.

...For the Petitioners.

Mr. Lalit Mohan Mahata, Mr. Jagabandhu Roy.

...For the State.

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

The petitioners as well as the private respondents are the elected representatives of the Gram Panchayat. For the formation of the Board, date was fixed on 10th August, 2023 by the Prescribed Authority and the Block Development Officer. The scheduled of meeting stood cancelled allegedly on account of law and order issues.

The fresh date of meeting for taking oath and election of the Pradhan/Upa-Pradhan is yet to be declared.

It has been submitted that as twenty one days are over from the date of notification published by the Director of Panchayat & Rural Development accordingly, right now the Block Development Officer

can convene the meeting only after the delay is condoned by the District Panchayat Election Officer i.e. District Magistrate.

It appears that there is no proof of service of the writ petition upon the private respondents.

In view of the order that I propose to pass, none of the parties will be prejudiced if the writ petition is disposed of in the following manner.

The District Magistrate and the District Election Officer being the respondent no.4 herein is directed to take necessary consequential steps in the matter so that the first meeting of the Gram Panchayat may take place in accordance with law.

Steps shall be taken in the matter at the earliest, but positively within a period of fourteen days from the date of communication of a copy of this order. The writ petition stands disposed of.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

( Amrita Sinha, J.)