CHAINBANU KHATUN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE only question that falls for consideration in this appeal is whether convening a meeting will mean holding of the same. In other words, convening and holding of the meeting will have identical meaning in relation to various provisions of West Bengal municipal Act, 1993 and West Bengal Municipalities (Procedure and conduct of Business) Rules, 1995.

(2.) THE appellants herein are the Councillors of Dhulian municipality who filed the writ petition challenging the right, authority and jurisdiction of the three Councillors to issue notice on 14th August, 2008 calling a special meeting of the Board of Councillors of the said Dhulian Municipality on 19th August, 2008 for the purpose of discussions and also to adopt resolution for removal of the Chairman of the said Municipality, when the vice-chairman of the said Municipality had already issued notice on 11th August, 2008 convening the special meeting on 20th August, 2008 in terms of Rule 9 (3) (b) (ii) of the West Bengal municipalities (Procedure and Conduct of Business) Rules, 1995 (hereinafter referred to as the said Rules, 1995 ).

(3.) THE learned Single Judge finally disposed of the writ petition on 8th April, 2009, holding that on failure of the chairman, the Vice-chairman of the said Municipality also failed to call the special meeting, pursuant to the request of the requisitionists, within the prescribed period as provided in Rule 9 (3) (b) (ii) of the said Rules, 1995 and the three Councillors had correctly exercised their rights under Rule 9 (3) (b) (iii) by calling the special meeting on 19th August, 2008.