BISWANATH SOMADDER,J. - (1.) In spite of a specific direction given by this Court on 14th November, 2011, there is no report in the form of a affidavit forthcoming from the respondent no. 7, being the Pradhan of Guru Pashla Gram Panchayat, situated in the district of Murshidabad, stating as to how and what basis the plan of the private respondent no. 8 to construct a building had been sanctioned and approved.
(2.) On behalf of the State respondents, however, learned advocate hands up a copy of a memo dated 31st January, 2012, signed by the District Magistrate, Murshidabad, which contains the stand which is being taken by the State in the instant matter. Relevant extract from the said memo dated 31st January, 2012, is reproduced hereinbelow: "With reference to your letter dated 20.1.12 received on 30.1.12 and after going through the Hon'ble High Court's order dated 3.1.11 and 19.2.10 passed in W.P. No. 17060 (W) of 2009 in the matter of Soumen Kumar Roy Chowdhury and others v. The State of West Bengal and others , I am to send this report to the effect that the Hon'ble High Court may consider to pass order with direction upon the State Govt. to initiate proceeding under Sub-section (1) of section 213 of the West Bengal Panchayat Act, 1973 to remove the Pradhan, Gurah Pashla Gram Panchayat under Nabagram Block in the District of Murshidabad since he abused his powers vested in him under the said Act as well as he failed to discharge his duties as specified in Rule 23L of the West Bengal Panchayat (Gram Panchayat Administration) Rules, 1981. And since the said Respondent No. 7 has also willfully and deliberately ignored the order of the Hon'ble Court, Calcutta, the Hon'ble High Court may also take action against such contemptuous act as per prerogative of the Hon'ble High Court, if pleased to do so."
(3.) After considering the submissions made by the learned advocates for the parties and upon perusing the instant application as well as the local investigation report filed by the Advocate Commissioner appointed by the learned District Judge, Murshidabad, in terms of the order passed by Justice Girish Chandra Gupta on 19th February, 2010, and also taking into consideration the stand of the State which appears from the memo dated 31st January, 2012, there is no iota of doubt left in the mind of the Court that the Pradhan of Gurah Pashla Gram Panchayat under Nabagram Block situated in the district of Murshidabad has abused the powers vested in him under the West Bengal Panchayat Act, 1973 and he also failed to discharge his statutory duties as specified in Rule 23L of the West Bengal Panchayat (Gram Panchayat Administration) Rules, 1981.;