- (1.) The subject matter of challenge in the appeal is a judgement and order dated 25th February, 2015 passed by the learned Trial Court dismissing the writ petition without any order as to costs.
(2.) The facts and circumstances of the case briefly stated are as follows:- The writ petitioner was elected as the Prodhan of Rampur I Gram Panchayat, Jorari, Coochbehar on 16th August, 2013. On 5th September 2014, the respondents No.7 to 16 requested the prescribed authority to convene a meeting for removal of the Prodhan, in pursuance whereof, the prescribed authority convened a meeting, to be held on 19th September, 2014 at 12 noon, by a notice dated 9th September, 2014 for consideration of the motion for removal of/lack of confidence against the Prodhan and for taking decision on it.
(3.) The notice dated 9th September, 2014 convening a meeting was challenged in W. P. No.26758 (W) of 2014 on the ground that the notice was ambiguous, because the expression removal/lack of confidence had both been used. It was alleged that there was no specific agenda. Mr. Basu, contended that the intention of the law is that there has to be first a no confidence motion passed against the Prodhan and then the question of a motion for removal of the Prodhan might arise. He in support of his submission relied upon a judgement in the case of Mihir Mondal & Ors., 1994 1 CalHN 423 , wherein the following views were taken:- "Apart from the above, I am of the view that Ss. 12 and 16 of the West Bengal Panchayat Act, 1973, do not contemplate removal of the Prodhan and the Upa-Prodhan in one meeting and two separate meetings are required to be held for the said purpose upon two separate notices having been given in support thereof.";