Pradipta Ray, J. - (1.) The writ petitioner was elected Upo-Prodhan of Faridpur Gram Panchayat in the District of Nadia.
(2.) Eight members of the Faridpur Gram Panchayat sent a notice dated October 21, 2002 to the Prodhan requesting him to convene a meeting to consider their proposal to remove the Upo-Prodhan. On the basis of the said notice the Prodhan of the Gram Panchayat convened a meeting on October 31, 2002 with agenda for verifying testing the confidence in favour of Upo-Prodhan (tcf MC-7 9fC" Z IM VV~). In the meeting dated October 31, 2002 eight requisitionists supported a resolution for cancelling the meeting on the ground that the Prodhan intentionally used incorrect language in the agenda of the meeting. On the basis of the said resolution supported by eight members the meeting came to an end without transacting any business. The said eight requisitionists of the Gram Panchayat thereafter convened a requisition meeting on November 15, 2002 to discuss their proposal to remove the Upo-Prodhan. In the meeting held on November 15, 2002 resolution to remove the writ petitioner was adopted. In pursuance of the said resolution the prescribed authority and Block Development Officer, Kaliagang informed all concerned that the writ petitioner had been removed from the office of the Upo-Prodhan. The writ petitioner had challenged legality and propriety of the said requisition meeting, the resolution adopted therein and the consequential action of the prescribed authority under the West Bengal Panchayat Act.
(3.) The main contention of the writ petitioner is that no resolution having been adopted in the meeting convened by the Prodhan of the Gram Panchayat for the purpose of removing the Upo-Prodhan a second meeting for the same purpose was not permissible within six months from the date of the said first meeting. On behalf of the respondents it is submitted that as the proposed resolution was for 'testing confidence in the Upo-Prodhan' the said meeting convened by the Prodhan was not a meeting for removal of the Upo-Prodhan as required under Section 12 of the West Bengal Panchayat Act (hereinafter referred to as 'the Act') and as such the requisition meeting cannot be treated as the second meeting.;