- (1.) I have had the benefit of going through the draft judgement prepared by my learned Brother Judge. Without any hesitation I agree with His Lordship's findings and ordering portion of this judgment. However, in order to supplement to the reasoning given by His Lordship I think I should express of my own.
(2.) IN this appeal, as rightly called out by His Lordship, the point involved is as to whether the provisions of second proviso to section 105 of the West Bengal panchayat Act, 1973 for calling requisition meeting by the requisitionists, upon failure of Sabhapati of a Panchayat Samiti giving "seven clear days' notice" to the Sabhapati and all members is mandatory or directory in nature.
(3.) HIS Lordship has quoted entire portion of section 105. Thus, I need not set out again in its entirety. Only setting out of the proviso portion is good enough for my purpose: "that the Sabhapati when required in writing by one-fifth of the members of the Panchayat Samiti to call a meeting, shall do so fixing the date and hour of meeting to be held within 15 days after giving intimation to the prescribed authority and seven days' notice to the members of the Panchayat samiti, failing which the aforesaid members may call a meeting to be held within 35 days after giving intimation to the prescribed authority and seven clear days' notice to the Sabhapati and the other members of the Panchayat samiti. Such meeting shall be held in the office of the Panchayat Samiti on such date and at such hour as the members calling the meeting may decide. The prescribed authority may appoint an observer for such meeting who shall submit to the prescribed authority a report in writing duly signed by him within a week of the meeting in the proceedings of the meeting. The prescribed authority shall, on receipt of the report, take such action thereon as it may deem fit;". ;