- (1.) The dispute in this writ petition is in relation to the proposal for removal of the Pradhan of Begunbari Gram Panchayat under Beldanga-1 Panchayat Samity in the district of Murshidabad. The twelve petitioners before me claim to be elected members of that Gram Panchayat. On 24th December, 2014, they addressed a communication to the prescribed authority, being the Block Development Officer of Beldanga Block 1 requiring him to take appropriate step for removal of the Pradhan, who is respondent No. 7 in this writ petition. This notice was issued in accordance with sub-section (2) of section 12 of the West Bengal Panchayat Act, 1973. That notice, it appears, suffered from a defect in that the party affiliation of the signatories was not disclosed therein. Subsequently a fresh notice was issued on 29th December, 2014 by the requisitionist members. The prescribed authority convened the meeting by issuing a memorandum dated 30th December, 2014 and that meeting was scheduled to be held on 7th January, 2015. The respondent No. 7 had brought an action before this Court in the form of a writ petition which was registered as W.P. 35(W) of 2015 (Allah Rakha Sk. vs. State of West Bengal & Ors.) seeking invalidation of the requisition notice on the ground that the said notice carried stigmatic allegations against the writ petitioner therein and was not a notice expressing "lack of confidence" simpliciter.
(2.) The respondent Nos. 6 to 17 in that writ petition, who are writ petitioners in this proceeding in course of hearing of that writ petition submitted that they would not press the requisition notice considering the defect involved in the notice in question. That writ petition was disposed of by this Court, holding inter alia:- "In such circumstances, the meeting convened in pursuance of the requisition notices of the respondent Nos. 6 to 17 shall stand invalidated and the aforesaid requisition notices shall be permanently stayed. On behalf of the respondent Nos. 6 to 17, liberty was prayed for to issue fresh requisition. I do not think any specific leave or liberty from the Court is necessary to initiate any action which may be permissible otherwise under the law. It shall be open to the members of the Panchayat to take such steps as may be permissible under the law."
(3.) On 9th January, 2015 the writ petitioners sought to bring a new motion for removal of the respondent No. 7 by requiring the prescribed authority to convene a fresh meeting on the ground that they had lost confidence on the respondent No. 7, being the present Pradhan. Under the provisions of sub-section (12) of section 12 of the West Bengal Panchayat Act, 1973, there is a bar on convening a meeting for removal of the Pradhan or Upa-Pradhan within a specified time limit. On 9th January, 2015, the date on which the motion was sought to be initiated by the requisitionist members, the said provision, as applicable provided:- "(12) Notwithstanding anything contained in sub-section (1), no meeting for removal of the Pradhan or the Upa-Pradhan under this section shall be convened within a period of one year from the date of election of the Pradhan or the Upa-Pradhan either at the first meeting following reconstitution of Gram Panchayat or for filling casual vacancy in the said office.";