Shri.Sibananda Bairagi v. The Andaman And Nicobar Administration And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/680/2024 Shri Sibananda Bairagi Vs.

The Andaman and Nicobar Administration and Others Mr. G. Mini ... for the petitioner Ms. Babita Das ... for the respondents December 13, 2024 [SR] Item no. 4 1.

The petitioner was the elected Pradhan of the Gram Panchayat, Pahalgaon. A notice of no confidence motion under Rule 19 was allegedly given to the petitioner by two of the members of the Gram Panchayat on 27.09.2024.

2.

The petitioner alleges that the said notice was never served upon him. The petitioner did not have any occasion to know that the members of the Gram Panchayat were contemplating to remove him by a no confidence motion brought against him.

3.

Special meeting was conducted on 11.10.2024 and the motion of no confidence was carried through.

4.

The petitioner submits that the very initiation of the no confidence motion is faulty and, accordingly, the subsequent steps taken pursuant thereto is bad and cannot be accepted. 5.

Copy of the writ petition was served upon the Gram Pancahyat. None represents the Gram Panchayat, despite service.

6.

From the submission made by the parties and on perusal of the documents annexed to the writ petition, it appears that the special meeting of the Gram Panchayat for moving the no confidence motion for removal of the Pradhan was held on 16.11.2024. The no confidence motion has been passed by the members. The notification regarding appointment of new Pradhan has not been published till date.

7.

The petitioner is yet to raise a formal objection before the Executive Officer, Panchayat Samiti.

8.

As an issue has been raised with regard to the procedural irregularities in conducting the meeting for removal of the Pradhan, accordingly, the same is required to be ascertained by the Executive Officer of the Panchayat Samiti. 9.

In view of the above, leave is granted to the petitioner to make a formal representation before the Executive Officer of the Panchayat Samiti highlighting all his grievance and depicting the procedural irregularities/lapses in the process of his removal.

10.

In the event a representation is filed by the petitioner by 17.12.2024, the Executive Officer of the Panchayat Samiti shall take steps to decide the issue upon perusal of the records and upon giving an opportunity of hearing to all the necessary parties at the earliest but positively within a period of four weeks from the date of receipt of the representation. 11.

Till a decision is taken by the Executive Officer of the Panchayat Samiti, the no confidence motion that has been passed will not be given effect to.

12.

Learned advocate for the petitioner shall forthwith communicate this order to the Executive Officer of the Panchayat Samiti.

13.

The writ petition is disposed of. There shall be no order as to costs.

14.

Since the writ petition is disposed of without calling for affidavits, the allegations made therein are deemed not to have been admitted by the respondents.

15.

Urgent certified copy of this order, if applied for, be supplied to the parties upon compliance of usual formalities. ( Amrita Sinha, J. )