- (1.) Today this matter was listed for considering the prayer for extension of interim order, as the interim order already passed in this matter is lapsing today. At the time of hearing, however, learned Counsel appearing for the parties agreed to disposal of the writ petition at this stage, considering the limited scope of dispute involved in this proceeding. The petitioner was elected as 'Pradhan' of Newlands Kumargram Sankosh Gram Panchayat in the district of Alipurduar on 16th August, 2013. 25th September 2014, a requisition notice was issued by eight members of the said Gram Panchayat primarily seeking removal of the petitioner from that post. The Gram Panchayat itself has fourteen members, as it appears from paragraph 7B of the affidavit-in-opposition filed on behalf of the requisitionist members. On the basis of the requisition notice, a meeting was convened for considering the motion by the prescribed authority by issuing a notice in Form-1E as per the provisions of the West Bengal Panchayat (Constitution) Rules, 1975. The meeting was scheduled to be held on 21st October, 2014.
(2.) A supplementary affidavit has been filed to the affidavit-in-opposition affirmed by the respondent No. 4. In this affidavit, it has been stated that the meeting was held on the scheduled date and the motion of no confidence was carried, as majority members had voted in favour of the motion. This writ petition was filed on 14th October, 2014. On 17th October, 2014, an interim order was passed to the effect that convening of the meeting and all resolutions thereat would abide by the result of the writ petition. A further interim order was passed on 22nd October, 2014 by which the authorities were restrained from taking any step on the basis of the impugned notice dated 25th September, 2014 and all consequential actions. The petitioner was permitted to carry on work as Pradhan. This interim order was initially to last till 12th December 2014, but has since been extended from time to time.
(3.) In course of hearing before me, the only ground on which the notice convening the meeting as also the consequential steps taken in pursuance thereof are sought to be invalidated is that in the requisition notice, party affiliations of the requisitionist members were not disclosed. Stand of the requisitionist members, however, is that prior to issuing the requisition notice, they had taken a resolution in a meeting on the basis of which the said notice was sent. That resolution, which was taken on 22nd September, 2014, was signed by the individual eight members of the Gram Panchayat disclosing their party affiliations. It is also the case of the requisitionist members that while the requisition notice was sent to the prescribed authority, the copy of the resolution was also sent.;