NOOR BANU Vs. STATE OF WEST BENGAL AND OTHERS
LAWS(CAL)-1996-6-49
HIGH COURT OF CALCUTTA
Decided on June 27,1996

Noor Banu Appellant
VERSUS
State of West Bengal and Others Respondents

JUDGEMENT

Satyabrata Sinha, J. - (1.)This appeal is directed against an order dated 16.2.1996 passed by a learned Single Judge of this Court in C.O. No. 1747(W)/96 whereby and wbereunder the prescribed authority was directed to hold the election of Prodhan of Panjipara Gram Panchayat and thus, dismissing the writ application filed by the appellant.
(2.)The appellant filed the aforementioned writ petition contending inter alia, that she was elected as a Prodhan of Panjipara Gram Panchayat under Goalpokher-I Block (hereinafter referred to as 'the said Panchayat')
(3.)The respondent No. 6 Md. Ishaque was earlier removed from the post of Prodhan. He filed a writ petition but an interim order granted in his favour was later on vacated and the petitioner was directed to take over charge of Prodhan. Allegedly the respondents No. 6, 7 and 8 intentionally absented themselves for more than three consecutive meetings and did not pay the Panchayat Tax for more than 2 years. The appellant made an application before the prescribed authority for cancellation of their membership on 12.1.1996 whereupon a show-cause notice was issued. A notice seeking removal of the appellant was served on her on 20th Jan., 1996. It appears that by an order dated 8th Feb., 1996 the prescribed authority removed the respondents No. 7 and 8 from the membership of the said Gram Panchayat which was communicated to them under Memo No. 35C dated 8.2.1996 The meeting which was requisitioned was held on 13.2.1996 wherein the respondents No 7 and 8 also took part. The writ petition was taken up for hearing and by the impugned order the learned trial Judge directed the prescribed authority to hold an election.
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