BISWANATH SOMADDER,J. - (1.) The writ petitioners are the erstwhile Pradhan and Upa-Pradhan of Shibnibash Gram Panchayat situated in the district of Nadia. In the instant writ petition they are challenging two several notices, both dated 15th December, 2011, issued by the Prescribed Authority calling two meetings of the concerned Gram Panchayat to decide upon the motions for removal of the Pradhan as well as the Upa-Pradhan.
(2.) The main thrust of argument put forth by the learned advocate for the petitioners is that as on the date of issuance of the two requisition notices, i. e., on 9th December, 2011, there was, in fact, no Pradhan or Upa-Pradhan holding office in the concerned Gram Panchayat and as such the consequential act of issuance of the two notices dated 15th December, 2011, by the Prescribed Authority is bad in law. In this context, learned advocate for the petitioners relies on a memo dated 12th December, 2011, issued by the Block Development Officer, Krishnaganj Development Block, Nadia, and contends that as on the date of issuance of the requisition notice, the Pradhan had not yet assumed charge.
(3.) On the other hand, learned senior advocate representing the State submits that the two notices issued by the Prescribed Authority on 15th December, 2011, were on the strength of valid requisitions made by the members of the Gram Panchayat and on the basis of the judgment and order passed by a Division Bench of this Court in MAT 1458 of 2011.;