RAM KUMAR DEBSHARMA Vs. STATE OF WEST BENGAL & ORS
LAWS(CAL)-2016-9-119
HIGH COURT OF CALCUTTA
Decided on September 19,2016

RAM KUMAR DEBSHARMA Appellant
VERSUS
State Of West Bengal And Ors Respondents

JUDGEMENT

- (1.) In terms of the order dated 8th September, 2016, the result of the election is sought to be communicated to this Court by the learned advocate who represents the Prescribed Authority in a sealed cover. After the sealed cover is opened in Court, it reveals that the Prescribed Authority being the Block Development Officer, Raiganj, Uttar Dinajpur has the temerity to issue a memo dated 16th September, 2016, addressed to the Division Bench, and that too, by name of the Judges, wrongly spelt. All that the Prescribed Authority ought to have done is to forward the result of the election in a sealed cover. The Block Development Officer, Raiganj, Uttar Dinajpur, is not only na ve but also ignorant. He/she does not even have the remotest understanding of how matters are required to be brought to the notice of the High Court. In fact, the memo dated 16th September, 2016, addressed to this Division Bench is signed off with the remark, "Submitted for his kind perusal."
(2.) The Chief Secretary of the State of West Bengal is directed to ensure that henceforth all Block Development Officers are instructed as to how they should appropriately present a report or a communication to the highest Court of the State. Now returning to the instant matter, this Court finds that election of a Pradhan of the concerned Gram Panchayat has been held on 15th September, 2016, pursuant to this Court's order dated 8th September, 2016. The results indicate that the appellant/writ petitioner was unsuccessful on contest and a new Pradhan has been duly elected. Since the entire election process of electing of a new Pradhan was held pursuant to the order dated 8th September, 2016, the present appeal and the application are disposed of upon confirming and ratifying the election process which led to the election of a new Gram Panchayat Pradhan in place and stead of the appellant/writ petitioner. A copy of this order along with a copy of the memo dated 16th September, 2016, issued by the Block Development Officer, Raiganj, Uttar Dinajpur, may be communicated to the Chief Secretary of the State of West Bengal by the Registrar General of this Court, forthwith. Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties.;


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