- (1.) THIS application for a Rule, was moved with notice to the learned Government Pleader and Mr. Majumder has appeared for the Respondent, State of West Bengal or their officers, who have also been impleaded as Respondents amongst other private respondents.
(2.) THE petitioner is the Prodhan of Alipore-1 Gram Panchayat (Respondent No, 4), which was constituted sections 3 and 4 of the West Bengal panchayat Act, 1973 (hereinafter referred to as the said Act ). It is the case of the petitioner, that after such constitution of the said Respondent No. 4, election of office-bearers was held on 4th june 1978 and he along with Respondent nos. 5 to 8 and 10-13 were duly elected as members of the same. It is his case that subsequently Respondent Nos. 14 and 15 were nominated as Schedule caste members and Respondent Nos. 9 and 16 were also nominated as female members. Thus, it appear and that too according to the petitioner, that at all material times the said Respondent no. 4 Gram Panchayat, had 13 members. It also appears that Respondent No. 5 seratal Shiekh, was elected as Upa prodhan. His election and that of the petitioner as Prodhan, as mentioned above, have been claimed to have been made by majority of votes of the elected members of the Gram Panchayat.
(3.) IT is the case of the petitioner, that as the Prodhan, he used to convene meetings, upon notice to the elected members, disclosing the business to be transacted in the concerned meetings. In fact, the relevant statutory provisions for list of business to be transacted at a meeting, would be section. 17 of the said Act, which is to the following effect : "a list of the business to be transacted at every meeting of a Gram panchayat except at an adjourned meeting, shall be sent to each member of the Gram Panchayat in the manner prescribed at least seven days before the time fixed for such meeting and no business shall be brought before or transacted at any meeting, other than business of which notice has been so given, except with the approval of the majority of the members present at such meeting : provided that if the Pradhan thinks that a situation has arisen for which an emergent meeting of the gram Panchayat should be called, he may call such meeting after giving three days' notice to the members : provided further that not more than one matter shall be included in the list of business to be transacted at such meeting. ";