- (1.) This case has been filed for issuance of a writ of mandamous to cancel, withdraw and rescind the notice dated 02-12-1999 whereby the date of requisition meeting was fixed on 09-12-1999 being annexure 'B' to the writ petition and allow the petitioner to perform the duties and functions of the Pradhan of Kapasdanga Gram Panchayet within P.S. Beldanga, district Murshidabad.
(2.) The factual matrix leading to this case is as follows : "The petitioner and the respondents 7 to 22 were elected as members of Kapasdanga Gram Panchyet in the election held on 28th May, 1999. The petitioner was then elected as Pradhan by securing the majority votes of 13 members out of 17 members of the said Panchayet. From the date of his election as Pradhan he was smoothly performing the functions and duties as such. But unfortunately he came to learn from his secretary on 12-11-1999 that a notice had been issued by 9 members of the Gram Panchyet to him requesting for convening a meeting of no confidence. It has been, however, strongly pleaded that the notice was never served upon the Pradhan for the aforesaid purpose. It has also been submitted that the said notice dated 08-11-1999 was highly illegal, malafide and not in accordance with law as there was no agenda and or any allegation of no confidence against the petitioner."
(3.) The petitioner was also asked by another notice on 02-12-1999 sent by 8 members asking him to hold a meeting on 09-12-1999 for removal of the Pradhan. The second notice was also not in accordance with the provisions of the West Bengal Gram Panchayet Act, 1973, so also the rules framed thereunder. There was no 7 clear day notice from the date of issue till the date of meeting which is highly illegal, improper, malafide and unconstitutional.;