- (1.) The legality and/or validity of the notice by which a meeting was requisitioned by 14 out of 21 members of Chakulia Gram Panchayat for transacting the business on the agenda of removal of Pradhan of the said Gram Panchayat, has been challenged by the Pradhan of the said Gram Panchayat on the following grounds :- Firstly, on the ground that the requisition of the meeting for the second time within six months from the date appointed for holding the earlier meeting for the said purpose, is barred under the third proviso to Section 12 of the West Bengal Panchayat Act, 1973 (hereinafter referred to as the said Act). Secondly, on the ground that requisition of the meeting by the requisitionists without service of prior notice in writing upon the Pradhan requesting him to call a meeting for the said purpose, is illegal being contrary to the scheme as provided in the second proviso to Section 16 of the said Act.
(2.) Mr. Ganguly, learned Advocate, appearing for the petitioner, submitted that initially seven members of the said Gram Panchayat, by their letter dated 18th July, 2005 requested the Pradhan of the said Gram Panchayat to convene a meeting for transacting the business on the agenda of removal of Pradhan. Pursuant to such request, a meeting was convened . by the Pradhan of the said Gram Panchayat appointing 1st August, 2005 as the date for holding such meeting.
(3.) Subsequently by the letter dated 27th July, 2005, the said seven members withdrew the said notice dated 18th July, 2005 and requested the Pradhan of the said Gram Panchayat to treat the said notice dated 18th July, 2005, as cancelled.;