- (1.) By this writ petition the petitioners have challenged both the orders dated 22nd June, 2005 and 22nd August, 2005 passed by the prescribed Authority and the Appellate Authority respectively under the West Bengal Panchayat Act, 1973 (hereinafter referred to as the said Act) whereby and whereunder both petitioners have been declared to be disqualified as being Members of the Panchayat. The short fact is as follows : The petitioners and each of them are elected Members of Surun-l Gram Panchayat, Post Office Bariol, District Uttar Dinajpur (hereinafter referred as the said Panchayat). The said Panchayat was constituted by 13 elected Members out of which 8 Members were elected with the denomination of CPI(M) 3 Members were elected with the denomination of Congress (I) Party, and one (1) Member was elected with the denomination of Nationalist Congress Party while remaining one (1) Member was elected with the denomination of Forward Block Party. In view of the aforesaid composition and strength of the respective parties the Panchayat was formed by the elected Members with the denomination of the CPI(M) Party. The petitioner No. 1 was selected as Chief Whip and/or leader of the CPI(M) party by its members. The respondent No. 6 was chosen as Prodhan of the Panchayat. The post of Upa-Prodhan was reserved for female Scheduled Caste candidate and Smt. Chhabi Das was chosen for that post. On or about 11th April, 2005, 5 Members including the Upa-Prodhan of the said Panchayat asked the Prodhan (the respondent No.6) to convene a meeting for his removal from the office of Prodhan. In spite of receipt, of the said requisition, it is said that Prodhan failed to convene meeting. As such on 2nd May, 2005 Upa-Prodhan convened a meeting for transacting the same business on 10th May, 2005. On 10th May, 2005 the meeting was held and 7 out of 13 Members of the said Panchayat including the petitioners herein were present. However, the rest of the Members numbering 6 abstained from meeting.
(2.) In the said meeting respondent No. 6 was removed from the office of Prodhan. The said resolution was challenged in this Court by the respondents No. 6 and 7 by filing a writ petition being W.P. No. 10513(W) of 2005 (Fariqul Haque & Anr. v. The State of West Bengal & Ors.). With a detailed and reasoned judgment and order the Hon'ble Justice Jyotirmay Bhattacharya on 28th July, 2005 dismissed the said writ petition and held that the said meeting was held duly and properly. I am told that there has been no appeal as yet preferred against the said judgment and order.
(3.) After the aforesaid resolution as above on 12th May, 2005 the respondents No. 6 and 7 made an application under Section 213A verified by an affidavit for disqualification of the present writ petition. In the said application it was alleged as follows : "Despite best effort the writ petitioner No. 1 who was leader of the CPI(M) Party in the said Gram Panchayat could not be traced for a meeting. As such, he was removed from the leadership and in his place the respondent No. 7 is alleged to have been elected as a new leader. On 10th May, 2005, the said new leader whipped all the Members set-up by the CPI(M) Party and instructed to cast votes against the motion of removal of Prodhan in the meeting fixed on 10th May 2005. Defying the said whip the petitioner and each of them are alleged to have cast their votes in favour of the motion. As such, they are disqualified for being Members of the Gram Panchayat under Section 213A Clause (a) (ii)".;