Amitava Lala, J. - (1.) The three petitioners appeared to be the members of the concerned Panchayat Samity. Their contentions are supported by respondent Nos. 18, 19 and 20. Learned Counsel appeared for respondent Nos. 21 and 22 supported the petitioners. It is significant to note that the Learned Counsel recorded his appearance not only for them in the last occasion but also for respondent No. 23 in the earlier occasions. However, no vokalatnama is available in the record. No one appeared on behalf of respondent No. 24. In chorus they attached non-service of notice of the requisitioned meeting held on 18th September, 2002. Their contentions were opposed by respondent Nos. 5 to 17. According to them, out of 23 members of the Panchayat Samity, 13 members were present and they unanimously elected one of the members as Sahakari Sabhapati.
(2.) The moot point of dispute is non-service of irregular service of notice of the requisitioned meeting upon the aggrieved members of the Panchayat Samity.
(3.) It appears to this Court that the writ petition was filed in the High Court on 23rd September, 2002 when the meeting was already held on 18th September, 2002. This Court has protected the interest of the aggrieved parties by an interim order saying no coercive action will be taken in the meantime i.e. 27th September, 2002 till 4th October, 2002 when the matter is made returnable. Such interim order was not only extended on 4th October, 2002 but also further interim order was passed by saying that the interim order already existing will not affect the meeting for holding election in the meantime and no result will be published without the leave of the Court. However, result of the election was filed under a sealed cover before this Court by the appropriate authority. Much submissions were made in respect of the mode and prescribed period for giving such notice calling meeting. Section 105 of the West Bengal Panchayat Act, 1973, being relevant for the purpose, says 7 clear days' notice is required to be given to the Sabhapati and other members of the Panchayat Samity before calling a meeting. This principle will also be applicable in question of requisitioned meeting of the requisitionists as would be understood upon plain reading of Section 105 along with Section 101 of the Act. Section 101 deals with removal of Sabhapati or Sahakari Sabhapati and speaks that provisions of Sub-section (2) of Section 105 shall apply in relation to every such meeting. Such Sub-section (2) also speaks about the Presiding Officer to hold such meeting. In effect, the terms and conditions of Section 105 will be applicable in its totality in respect of removal of Sabhapati or Sahakari Sabhapati. Both the Sections are available under Chapter VIII which deals with Constitution of the Panchayat Samity under Part III of the Act relevant for the Panchayat Samity as a whole. Section 108 says that Block Development Officer shall attend the meetings of the Panchayat Samity and shall participate in the deliberations thereof. West Bengal Panchayat (Panchayat and Samity Administration) Rules, 1984 are governed and controlled in exercise of the power conferred by Section 224 of the Act. Such Section 224 gives power to the State Government to make the Rules. Rule 3 of such Rules speaks how the notice is to be served. It appears from there that there are various modes of service which are as follows : (a) The notice for a meeting other than an adjourned meeting or a requisitioned meeting shall be signed and sent by the Secretary to all the members of the Panchayat Samity; (b) The notice for an ordinary meetig or a meeting for the consideration of budget or a meeting for consideration of audit 'reports may be sent by post under Certificate of posting and that for an emergent meeting shall be sent by special messenger; (c) The notice for a requisitioned meeting shall be sent by the-registered post with acknowledgements due by the Sabhapati or the requisitioning members, as the case may be.;