- (1.) The appeal is directed against a judgment dated 29th June, 2015 passed in 27870(W) of 2014 by the Learned Single Judge of this Hon'ble Court.
(2.) Chronology and events of the case is that on 20.6.2014, a complaint was forwarded to the District Magistrate 24 Pargana(s)being the Prescribed Authority by the Sub-Divisional Officer, Canning SubDivision alongwith an enquiry report of Block Development Officer, Basanti against Mr. Abdul Majid Molla, S/O. Late Amir Molla, VillChunakhali, P.S.-Basanti & Sahakari Sabhapati, Basanti Panchayat Samiti, alleging suppression of material fact while filing nomination in the Panchayat General Election, 2013 as Mr. Abdul Majid was simultaneously also working as M.R. Dealer and lifting PDS commodities for distribution to the AAY beneficiaries, APL, BPL families, which, it was alleged, in violation of clause(c) of Sec.97 of the West Bengal Panchayat Act, 1973 & clause(c) of Sub-Section 1 of Section 100 of the West Bengal Panchayat Act, 1973 and II-(d) of Notification No. 1029(17)-SEC/6D-9/2010 dated 24.5.2013 of the Secretary, West Bengal State Election Commission.
(3.) Mr. Milon Bhattacharya submitted at the outset that Section 100(1)(c) of West Bengal Panchayat Act, 1973 specifically provides that the Prescribed Authority may, after giving an opportunity to a member of Panchayat Samiti to show cause against the action proposed to be taken against him if he incurs any of the disqualifications mentioned in Clause (b) to (g) of Section 97 after his becoming a member of Panchayat Samiti which does not deal with the Antodaya Anna Purna Yojana (AAY) or M.R. dealer or any circular issued by the Election Commission as it is not the contact with Panchayat Samiti. The complaint submitted by the private respondent no.6 alleged that the petitioner violated the circular issued by the Election Commission which came under the purview of the West Bengal Election Act, 2003. As such, the District Magistrate has no authority to entertain such a complaint under Section 100(1)(c).;