- (1.) A judgment and order dated 10th September, 2014 was passed by the Ld. Single Judge in WP No. 24555 (W) of 2014 referring a question of law to a Division Bench. This is why the matter is before us. Similar question of law arises in three other writ petitions being WP 25717 (W) of 2014, WP 27877 (W) of 2014 and WP 26946 (W) of 2014 and accordingly the said three writ petitions have been clubbed together with WP 24555 (W) of 2014.
(2.) The question of law that arises for our consideration can be formulated as follows:- "Upon receipt of a motion from the requisite number of members of a Gram Panchayat indicating their intention to remove the Pradhan or the UpaPradhan, before issuing a notice convening a meeting of the Gram Panchayat for consideration of the motion and taking a decision on it, whether or not the Prescribed Authority is required to expressly record his satisfaction that the motion conforms to the requirements of Section 12 (2) of the West Bengal Panchayat Act, 1973 (hereinafter referred to as 'the said Act')"?
(3.) We refrain from discussing the facts of each of the writ petitions since we intend to send back the writ petitions to the Ld. Single Judge for final disposal on merits in the light of the opinion that we express in this judgment on the question of law referred to us.;