BISWANATH SOMADDER,J. - (1.) Let the affidavit of service indicating effective service upon the private respondent no.8, filed in Court today be kept on record.
(2.) In the instant writ petition, the writ petitioner has challenged a resolution dated 15th November, 2011, adopted by the Sahapur-II Gram Panchayat under Goalpokher-I Development Block in the district of Uttar Dinajpur. By virtue of the said resolution, one Minati Ray, being the private respondent no.8, was elected as Pradhan of the concerned Gram Panchayat unanimously. However, while adopting the said resolution, the proposal of one of the members of the Gram Panchayat, who had proposed the name of the writ petitioner for the post of Pradhan, was rejected by the Presiding Officer citing section 12 (2) of the West Bengal Panchayat Act, 1973.
(3.) It is submitted by the learned advocate for the petitioners that section 12 (2) of the West Bengal Panchayat Act, 1973, earlier imposed a bar upon the Pradhan or the Upa-Pradhan, who was removed from the office in terms of a resolution, for contesting election to that office once again before completion of a period of one year from the date of such resolution. However, that provision of law has been substituted by the West Bengal Panchayat (Amendment) Act, 2010, which has come into force with effect from 1st July, 2010, and the bar of one year has now been removed from the statute book. In such circumstances, he submits that the resolution adopted on 15th November, 2011, by the concerned Gram Panchayat is not a valid resolution in the eyes of law and is liable to be set aside.;