JUDGEMENT
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(1.) The legality and/or validity of the notice by which the meeting was
requisitioned by the requisitionist members of Ranibandh Gram Panchayat
for transacting the business on the agenda for removal of the Pradhan and
Upa-Pradhan vide Annexure 'P-13' to this writ petition at page 40, is under
challenge in this writ petition, at the instance of one of the members of the
said Gram Panchayat.
(2.) Mr. Malay Kumar Basu, learned Senior Advocate, appearing for the
petitioner, submitted before this Court that requisitioning of the meeting
by the requisitionist members for transacting the business for removal of
the Pradhan and Upa-Pradhan vide Annexure 'P-13' to this writ petition
is illegal, as the said notice was issued in violation of the provision as
contained in the third proviso to section 12 of the West Bengal Panchayat
Act, 1973.
(3.) By referring to Annexure 'P-1' to this writ petition, Mr. Basu pointed
but that earlier, the requisitionist members of the said Gram Panchayat by
their letter dated 4th April, 2005 requested the Pradhan for taking steps for
calling a meeting for transacting the business of no confidence against the
Pradhan and Upa-Pradhan. Since the Pradhan did not convene any meeting
pursuant to such request, the requisitionist members themselves
requisitioned a meeting for the said purpose appointing the date on 2nd May,
2005.;
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