Tarun Chatterjee, J. - (1.) The application for leave to prefer appeal. This is to consider the application for leave to prefer this appeal against the judgment and order dated 10th of April, 2001 passed by a learned Judge of this Court in A.S.T. No. 588 of 2001 with A.S.T. No. 520 of 2001. Admittedly, the applicants/appellants were not made parties to the two writ petitions filed before the trial Court by the writ petitioners/respondent Nos. 1 and 2. It is also not in dispute that the present applicants/appellants are the elected Councillors of Rampurhat Municipality. Since the order impugned in this appeal directly affects the interest of the applicants/appellants, we are of the view that the application for leave should be allowed. The learned Counsel for the respondent Nos. 7 to 15 also did not seriously raise any objection before us if we allowed this application for leave to file appeal against the aforesaid order. Accordingly, the application for leave to prefer the appeal against the aforesaid order is allowed. Application for stay
(2.) When some arguments were advanced by the learned Counsel for the parties, it was suggested by the learned Counsel for the parties that inspite of hearing the application for stay, the instant appeal be treated as on the day, the application for stay was listed and disposed of. Such being the stand taken by the parties before us, we decided to take up the hearing of the appeal by treating the appeal as on that date.
(3.) This appeal is preferred against the judgment and order passed by a learned Judge of this Court on 10th of April, 2001 in A.S.T. No. 588 of 2001 with A.S.T. No. 520 of 2001. The appellants are some of the Councillors of the Rampurhat Municipality (in short "the Municipality") who were elected in the last Municipal Election held in the early part of 2000. The appellants along with others elected Sri Badal Bihari Mitra as Chairman of the Municipality who is proforma Respondent No. 2 in this appeal. There is no dispute that out of 17 Councillors of the Municipality 8 members belonged to Left Front, 3 belonged to Independent, 2 belonged to Bharatiya Janata Party, 1 to Trinamul Congress and 3 Indian National Congress. Badal Bihari Mitra, the writ petitioner/proforma respondent No. 2 was elected as the Chairman in the early part of 2000 on the support of the majority Councillors including the appellants. After being appointed as Chairman Badal Bihari, Mitra appointed a Vice-Chairman. On 7th of March, 2001, a requisition letter from 9 councillors (non-Left Front) addressed to the Chairman to call a special meeting for removal of Badal Bihari Mitra from the post of Chairman was served on the Chairman. On 19th March, 2001 the Vice-Chairman of the Municipality issued a notice on the requisition dated 7th of March, 2001 calling a meeting on 29th of March, 2001 at the Municipal Office. On 27th of March, 2001 a writ petition was moved by Badal Bihari Mitra being the Chairman of the Municipality challenging the requisition notice dated 7th March, 2001 and also the notice of the Vice-Chairman dated 19th of March, 2001. In the said writ application an interim order was made by Barin Ghosh, J. to the effect that the meeting can be held but no result shall be declared without the leave of the Court. On 29th of March, 2001 the aforesaid meeting was held pursuant to the notice dated 19th of March, 2001 which was issued by the Vice-Chairman of the Municipality. In this meeting the requisition for removal of the Chairman was not passed. On 30th March, 3001, 3 requisitions councillors called a special meeting for removal of the Chairman as per 7th March, 2001 requisition notice of 4th April, 2000. On 4th April, 2001 the meeting was held as per the notice dated 30th March, 2001 and a resolution was carried. On the same date, 3 Councillors belonging to the Left-Front filed a second writ petition challenging the notice dated 30th March, 2001 and questioning the proposed meeting held on 4th of April, 2001 in accordagce with the said notice. Again an interim order was made by Barin Ghosh, J. to the effect that the meeting could be held but the result of the meeting cannot be given effect to without the leave of the Court. Finally on 10th of April, 2001 both the writ applications were disposed of by the following order:- "This order is being made at the suggestion of the parties. The Sub-Divisional Officer, Rampurhat is hereby appointed as 'Special Officer' to hold the meeting of the Councillors for removal of the Chairman in respect of the Municipality in question. He shall hold such meeting on Monday i.e. on 16th April, 2001 at 2 p.m. It appears that out of the 17 Councillors 13 Councillors are appearing before me through the learned lawyers. Therefore, it would be proper for me to direct the Special Officer to serve notice on the Councillors who did not appear before me in respect of the date and time fixed by this Court on 16th April, 2001 to hold such meeting in the office of the Municipality. I make it clear that if after taking vote it appears that the Chairman has been removed by the majority members of the said Municipality, such Special Officer shall hold a further meeting for election of the Chairman of the said Municipality on 20th April, 2001 at 2 p.m. at the same place and no further notice is necessary to be served upon them. In view of the fact, this order will be served on all the Councillors who are not present in Court by the S.D.O. at the time of giving such notice. Both the writ applications are disposed of." ;