- (1.) The petitioner is the Pradhan of Surajpur-I Gram Panchayat comprising of a total of 14 members. Eight members thereof issued a notice dated 18-07-07 calling upon the petitioner to convene a meeting for discussion on the issue of "No Confidence''. Admittedly, the petitioner did not convene any meeting within 15 days of receipt of such requisition. Consequently, notice dated 04-08-07 was issued by the requisitionists convening a meeting on 13-08-07 at 11.00 a.m. in the office of the said panchayat for discussion on the issue of the petitioner's removal from the office of Pradhan. This notice has been called in question by the petitioner in the present petition. Mr. Ganguly, learned Counsel representing the petitioner has raised two points in support of the petition.
(2.) Firstly, he contended that meeting in pursuance of the impugned requisition notice ought not to be held on 13-08-07 since, it was not served on the petitioner. Non sendee of notice being in breach of the statutory provision, according to him, any action taken on the basis of such un-served notice would be bad.
(3.) Secondly, he contended that when the Pradhan was called upon to convene a meeting for discussion on the issue of "No Confidence", the requisitionists according to him could not have issued notice convening a meeting for discussion on the issue of the petitioner's removal from the office of Pradhan. In support of his submission that 'No Confidence' cannot be equated with 'Removal', Mr. Ganguly relied on the Division Bench decisions of this Court reported in Kitabuddin Sk. vs. Daud Hossain, 101 CalWN 413 and Soleman Shah vs. Director of Panchayat, 0 70 CalWN 1088.;