ARIJIT BANERJEE,J. - (1.) In this writ petition the short question that arises for consideration is a true and proper interpretation of Sec. 213A(1) of the West Bengal Panchayat Act, 1973 (in short the 'Act'). The petitioner's case is that in the Panchayat election of 2013, he was elected as a member of Harishchandrapur -I Panchayat Samity, Malda (in short the said 'Panchayat'). Subsequently, in a meeting conducted by the 14 elected members of the said Panchayat, the petitioner with party affiliation of a particular political party (CPIM) was selected as the party leader of that political party in respect of the said Panchayat. The said Panchayat consists of 21 elected members out of whom 14 members including the petitioner were elected with party affiliation of CPIM, 2 members were elected with party affiliation of All India Forward Bloc, and the remaining 5 members were elected with party affiliation of Indian National Congress.
(2.) The petitioner received a letter dated 14 November, 2014 written by the respondent nos. 7 to 12 who had been elected with party affiliation of CPIM, communicating that they had voluntarily given up their memberships of CPIM and had formed a separate group (Independent). In the above factual background the petitioner made an application on 22 November, 2014 under Sec. 213A of the said Act before the Prescribed Authority praying for cancellation of Panchayat membership of the respondent nos. 7 to 12.
(3.) By an order dated 24 November, 2014 the Prescribed Authority rejected such application holding as follows: - "As per Sec. 213A(1) of the West Bengal Panchayat Act, 1973, the prescribed authority shall not declare any member to be disqualified under this section, if such member claims that he and any other members of the recognized political party in the Panchayat constitute a group representing a faction consisting of not less than one -third of the total number of members set up by such recognized political party in the Panchayat and that all the members of such group have voluntarily given up their membership of such recognized political party. Since 6(six) members mentioned in your complaint constitute more than 1/3 (one third) of the elected members of the party, they do not come under the purview of Sec. 213A(1) of the said Act. Hence, your petition U/s. 213A(1) is hereby rejected." ;