Hrishikesh Banerji, J. - (1.) This appeal is directed against the judgment and order dated March 14, 2001 passed by a learned Single Judge of this Court. By the impugned judgment the Writ Petition filed by the Appellant herein challenging the orders of the Prescribed Authority as also the Appellate Authority under the provisions of Sec. 213A of the West Bengal Panchayat Act, 1973 (the 1973 Act' for short), has been dismissed. The Appellant, Bijoy Kumar Barai, was elected as a member of DalkhoIa -II Gram Panchayat on Indian National Congress ticket in the last Panchayat General Election held in the year 1998. He, however, opposed' the proposals of the Indian National Congress during election to the officer of the Pradhan of Dalkhola -II Gram Panchayat, held on July 25, 1998. The Appellant himself contested the election to the office of the Pradhan as an independent candidate and with the support of seven CPI(M) members, two BJP members, two TMC members and his own vote was elected to the post of Pradhan securing a total of twelve votes out of the total votes of twenty -one.
(2.) Prior to the date of election the Appellant gave up his membership of the Indian National Congress on July 22, 1998 informing the Block President (Ad hoc), Karandighi Block Congress Committee. Uttar Dinajpur, of such resignation. By the said letter of resignation from the Indian National Congress party, the Appellant communicated that his resignation would be effective from July 22, 1998 the date of the letter of resignation and that he would continue as an independent member of the Panchayat. The ground for such resignation as stated in the letter of resignation was that he was not satisfied with undemocratic activities of the Indian National Congress Party under the leadership of the Block President of Karandighi Block Congress Committee. Giving such resignation Shri Barai contested the election.
(3.) On July 22, 1998 a meeting of the elected members belonging to the Indian National Congress of the said Gram Panchayat was held and Nausad Alam Saiyed was elected as the leader of the Indian National Congress Party in the said Gram Panchayat.;