- (1.) This appeal is directed against a judgement dated July 4, 2017 passed in the writ application. The application bearing C.A.N. 6653 of 2017 is filed in connection with the aforesaid appeal praying for necessary orders during the pendency of this appeal.
(2.) It is submitted by Mr. Rabilal Moitra, learned Senior Advocate appearing on behalf of the appellant that the appellant/respondent no.7 was elected as a candidate belonging to the general category of Domkol Panchayat Samity, District Murshidabad. According to Mr. Moitra, subsequently she was elected as Sabhapati of the above Panchayat Samity. The office of Sabhapati of the above Panchayat samity was reserved for candidate belonging to the Women and Other Backward Classes. According to Mr. Moitra, since the appellant was belonging to Other Backward Classes category she was eligible for election in respect of the office of the Sabhapati of the above Panchayat Samity in accordance with the provision of XVIII proviso of sub-section (1) of Section 98 of the West Bengal Panchayat Act, 1973.
(3.) The above submissions made on behalf of the appellant is repeated and reiterated by Mr. Swapan Kumar Dutta, learned State Advocate. According to him, a candidate after his/her election under the General Category as a member of Panchayat Samity is eligible for holding office of the Sabhapati of that Panchayat Samity under reserved category under the XVIII proviso of sub-section (1) of Section 98 of the West Bengal Panchayat Act, 1973. As a result, the impugned judgement cannot be sustained in law.;