Mohit S. Shah, Pinaki Chandra Ghose, JJ. - (1.) Instead of hearing the stay application, with the consent of the parties, we have taken up the appeal itself for final disposal by treating it as on day's list.
(2.) This appeal is directed against the judgment dated 21st December, 2009 of the learned Single Judge by which the learned Single Judge allowed the writ petition of respondent Nos. 1 and 2 herein, who are removed from the office of Pradhan and Upa-Pradhan by passing of vote of no confidence as contemplated by sections 12 and 16 of the west Bengal Panchayat Act, 1973.
(3.) The five appellants herein served requisition notice dated 27th October, 2009 under sections 12 and 16 of the Act expressing no confidence against the Pradhan and Upa-Pradhan. On failure of the Pradhan to convene a meeting, two separate and independent notices dated 12th November, 2009 were issued under section 16 of the Act. By one notice dated 12th November, 2009, the meeting was convened on 23rd November, 2009 for discussing the motion of no confidence against the Pradhan. By the other notice dated 12th November, 2009, the meeting of the Panchayat was convened on 24th November, 2009 for discussing the motion of no confidence against the Upa-Pradhan. The requisite number of members passed the vote of no confidence against the Pradhan and Upa-Pradhan at two separate meetings held on 23rd and 24th November, 2009 respectively. The Pradhan and Upa-Pradhan. against whom the resolutions were passed, as aforesaid, moved the learned Single Judge in one writ petition challenging the resolutions passed against them only on the ground that only one notice dated October 27, 2009 was issued for - removal of both the Pradhan and Upa-Pradhan. The learned Single Judge accepted the said contention by relying on the decision of a learned Single Judge of this Court In re : Mihir Mondal and others, 1994 Vol. 1 CHN 423 and allowed the writ petition after holding that removal of both the Pradhan and Upa-Pradhan could not have been done by one notice and ought to have been done by two separate and independent notices. Accordingly the notice dated 27th October, 2009 came to be quashed and also all the consequential steps taken thereafter.;