Firoza Begum vs State of West Bengal

Biswanath Somadder, J.—Affidavit-of-service filed in Court today be taken on record. After considering the submissions made by the learned advocates for the parties and upon perusing the instant application, it appears that the petitioner is facing a no confidence motion being brought against her by four members of the Gram Panchayat where she is the Pradhan. In the instant writ petition she has made various allegations against the private respondent Nos. 6 to 9, being those members of the Gram Panchayat who have requisitioned the meeting for admitting the motion of no confidence against her.

The Writ Court cannot adjudicate upon the factual issues that are sought to be raised by the writ petitioner as against the private respondent Nos. 6 to 9. It will be open to the writ petitioner to approach a competent forum seeking appropriate reliefs in that regard. So far as the requisition notice is concerned, it appears that consequently the Block Development Officer, being the Prescribed Authority, has issued a memo dated 31st January, 2013, calling for a meeting on the motion of removal of the Pradhan, which is scheduled to be held on 8th February, 2013.

According to the learned advocate appearing on behalf of the petitioner, the said memo dated 31st January, 2013, cannot be sustained in law since the prescribed Authority has not recorded his satisfaction therein as to whether the motion conforms to the requirements of sub-section (2) of section 12 of the West Bengal Panchayat Act, 1973 (as amended up to date).

The provision of sub-section (3) of section 12 of the West Bengal Panchayat Act, 1973 nowhere casts a mandate upon the Prescribed Authority to record his/her satisfaction, while issuing a notice under that provision that a motion in writing, taken out by a minimum of three members of a Gram Panchayat, expressing their lack of confidence against a Pradhan or an Upa-Pradhan or recording their intention to remove a Pradhan or Upa-Pradhan, conforms to the statutory requirements of sub section (2) of section 12 of the West Bengal Panchayat Act, 1973. All that sub-section (3) of section 12 of the West Bengal Panchayat Act, 1973 (as amended up to date) postulates is that the Prescribed Authority has to be satisfied himself/herself, on receipt of such motion, that it conforms to the requirements of sub-section (2) of section 12 of the West Bengal Panchayat Act, 1973. The issuance of the notice dated 31st January, 2013, by the Prescribed Authority, by itself, is a clear indication that the Prescribed Authority has satisfied himself/herself that the motion conforms to the requirements of sub-section (2) of section 12 of the West Bengal Panchayat Act, 1973.

In such view of the matter, no mandatory Order can be passed in the instant writ petition, as prayed for. The petitioner is at liberty to participate in the meeting to be held tomorrow, i.e. 8th February, 2013.

The writ petition stands disposed of accordingly. Urgent photostat certified copy of this Order, if applied for, be given to the learned advocates for the parties.