Jayanta Kumar Biswas, J. - (1.) Ten persons have taken out this writ petition questioning the order of the Prescribed Authority and Block Development Officer, Manikchak Development Block, Malda dated January 4, 2007 for removal of the Prodhan of the Gram Panchayat as void.
(2.) As members of the Gram Panchayat the petitioners issued a requisition notice dated December 8, 2006 calling upon the Prodhan to convene a meeting for his removal. The notice was given in terms of provisions in Sections 12 and 16 of the West Bengal Panchayat Act, 1973. The petitioners alleged that the Prodhan had lost their confidence. Since the Prodhan did not take steps for convening the meeting, the petitioners gave notice dated December 26, 2006 convening the meeting. They notified that the meeting for considering the question of removal of the Prodhan would be held on January 4, 2007. The meeting was accordingly held, and the majority members of the Panchayat adopted a resolution deciding to remove the Prodhan from his office.
(3.) In terms of notice given by the petitioners, the block development officer deputed an observer, who watched the proceedings. On receipt of report submitted by the observer, the prescribed authority gave the impugned decision. He declared the meeting void on the ground that the meeting for removal of the Prodhan had been convened within a period of one year from the date of election of the Prodhan concerned. It is to be noted that the Prodhan was elected as such on January 6, 2006, and that out of seventeen members of the Panchayat the petitioners (ten in number) carried the resolution deciding to remove the Prodhan, while four participating members (all the seventeen members did not participate) opposed the resolution.;