SACHINDRA NATH DAS Vs. STATE OF WEST BENGAL
HIGH COURT OF CALCUTTA
SACHINDRA NATH DAS
STATE OF WEST BENGAL
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G.R.Bhattacharjee, J. -
(1.)ANNEXURE-A to the writ petition is a latter issued by as many as twelve members of No. 6 Boroil Gram Panchayat requiring the Prodhan to call a meeting for his removal from the office of the Prodhan. It is submitted that on the date on which the notice was issued there were 21 members in the Gram Panchayat and out of that 12 members have issued the notice. The petitioner, who is the Prodhan, has challenged this notice on the ground that in the notice the Pradhan has been asked to convene a meeting for considering the resolution of his removal on 18.1.95 and that although the notice was dated 3.1.95, it was actually received by the Prodhan on 6.1.95. It is the contention of the learned Advocate for the petitioner/Prodhan that since the Prodhan received the notice on 6.1.95 and 15 days were not available to him, he could not convene the meeting on 18.1.95. as demanded by the persons issuing the notice, and, accordingly, the notice is bad in law. I find no suffcient merit in this contention. Section 16(1), 2nd proviso provides that the Prodhan when required in writing by ?rd members of the Gram Panchayat subject to a minimum three members to call a meeting shall do so fixing the date end hour of the meeting within fifteen days after giving intimation to the prescribed authority and seven days' notice to the members of the Gram Panchayat. The expression used in the said second proviso is "within 15 days" which means that the outer limit of time for calling the meeting is 15 days but the meeting may be called even earlier. Therefore, even if the Prodhan has received the said notice on 6.1.95 requiring him to convene the meeting on 18.1.95, he could, if he so desired, very well call the meeting on 18.1.95, which would have been within the outer limit of 15 days from 6.1.95. Moreover, if he, so wanted, he could have called a meeting on any other date within 15 days from the date of receipt of the notice although the members might have asked him in the notice to hold the meeting on 18.1.95. Secondly, it has been submitted by the learned Advocate for the petitioner/Prodhan that section 12 of the said W. Bengal Panchayat Act, 1973 provides that the notice of such meeting (for removal of the Prodhan) shall be given to the prescribed authority. It is the contention of the learned Advocate for the petitioner that the notice received by the Prodhan (annexure-A to the writ petition) does not indicate that any notice was served upon the prescribed authority. It is, however, submitted by the learned Advocate appearing for the private respondents that as a matter of fact notice has also been given to the prescribed authority by registered post. Apart from that I must say that section 12 speaks of notice to the prescribed authority when the meeting is convened for the purpose of removal of the Prodhan. Section 16(1), 2nd proviso also requires that if the Prodhan fails to convene a meeting pursuant to the requisition by the necessary number of members within 15 days, in that case the concerned members may call a meeting within 35 days after giving intimation to the prescribed authority and 7 clear days' notice to the Prodhan and other members of the Gram Panchayat. Therefore, the question of giving notice/intimation to the prescribed authority will arise when either the Prodhan will convene a meeting or the concerned members will convene a meeting in accordance with the provisions of section 12/16(1), proviso (2). Therefore, that stage has not yet reached. Another requirement of section 16(1), proviso (2) is that 7 days' notice must be given to the members of the Gram Panchayat and/or to the Prodhan, as the case may when the meeting is called. Since the Prodhan received the notice on 6.1.95, he could have convened the meeting on 18.1.95, if he so desired, by giving even 7 days' notice to the members of the Gram Panchayat. In view of what has been discussed above I find no merit in the present writ petition. The present is, accordingly, summarily writ petition is dismissed without any order as to costs. Department is directed to supply urgent certified copy of this order, if applied for, on priority basis. Writ Petition dismissed.
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