Ashim Kumar Banerjee, J. - (1.) KENDUA Gram Panchayat under the District of Birbhum had thirteen elected members.
(2.) THE appellant asserted that out of thirteen members, six belonged to TMC and six belonged to CPI(M) and the rest one belonged to Congress being the appellant above named. According to the appellant, he was elected Pradhan with the support of Trinomool Congress. On May 30, 2011, seven out of thirteen members expressed their no confidence on the appellant. They communicated their decision in writing to the appellant with a copy submitted to the Block Development Officer, Suri -II being the Executive Officer of the concerned Panchayat. On receipt of the said notice, the Block Development Officer issued a notice under Section 12(3) of the West Bengal Panchayat Act, 1973, inter alia, asking the requisitionists to appear before him for hearing under Section 12(3) of the said Act of 1973. On the very next day on June 1, 2011 all the seven members appeared before him and expressed their no confidence in writing before the concerned Block Development Officer. Being satisfied with the requisition being in order the Block Development Officer convened a meeting of the Panchayat on June 14, 2011 for consideration of the No Confidence Motion. Accordingly, a meeting was held. Three CPI(M) members voted in favour of the resolution being Baban Kora, Satu Ankur and Chinta Birbangsi who by subsequent letters written to the Block Development Officer informed him that by mistake they described them as TMC candidate in the ballot paper. They however, stuck to their decision to vote in favour of the motion. They informed the Block Development Officer that their party did not issue any whip to vote either in favour or against the motion. On the appointed day eight members attended the meeting where seven voted in favour of the resolution and the rest one being the appellant did not vote. On about June 20, 2011 the appellant filed a writ petition inter alia challenging his removal. The learned single Judge declined to interfere. Hence, this appeal. We find from the prayers of the petition that the challenge was restricted to the notice convening the meeting and not the decision. The Block Development Officer asked for explanation from the respondent nos. 7, 8 and 9 as to how they could change the affiliation of the political party by crossing the floor. All the three members clarified the position by their letters dated June 16, 2011. They contended in their respective letters that through inadvertence they described themselves as TMC candidate. However the situation did not change as they stuck to their decision to support the resolution. They asserted that their party did not issue any whip to vote either in favour or against the motion.
(3.) ON June 17, 2011 the appellant was asked to hand over the charges to Upa -Pradhan. The appellant however did not comply with the said decision. On June 29, 2911 the Block Development Officer issued a notice convening a meeting of the Panchayat to elect the new Pradhan. On July 8, 2011 Nabaranjan Ghosh was elected as Pradhan. On July 11, 2011 Shri Ghosh took charge as Prodhan. The appellant raised a question of law as to whether Section 12, could be applied and set on motion without being assisted by Section 16. According to Mr. Bose, the Block Development Officer acted in undue haste without giving the appellant appropriate opportunity to prove his confidence in the meeting of the Panchayat. In course of hearing we asked the appellant to prove his majority before us. Accordingly, he filed a supplementary affidavit annexing separate affidavits from seven members reposing confidence on him including himself. The said list included one Ananda Sarkar who subsequently lodged a complaint with the Police Station that he was compelled to sign the said affidavit being coerced by the appellant. The respondent nos. 7, 8 and 9 filed Affidavit -in -Opposition wherefrom we find that seven members including the said respondent signed declaration before the Notary Public reposing confidence on the newly elected Pradhan, Nabaranjan Ghosh.;