Biswanath Somadder, J. - (1.) By consent of the parties, the appeal is treated as on day's list and taken up for consideration along with the application for stay.
(2.) On 11th September, 2017, when we took up the appeal and the application for stay we had observed that in the event any meeting is held in terms of the notice dated 22nd August, 2017, the same shall be abide by the result of the appeal.
(3.) We are now informed that such meeting has been held and the appellant, Mahamuda Parvin, has been removed from the post of Prodhan of the concerned Gram Panchayat, namely, Bali-II Gram Panchayat. It appears from the impugned order dated 29th August, 2017 that the appellant, being the writ petitioner, had approached the learned Single Judge assailing the notice dated 22nd August, 2017, issued by the Prescribed Authority fixing the meeting for removal of the writ petitioner as the Prodhan of the Bali-II Gram Panchayat, on 30th August, 2017. According to the writ petitioner, the notice itself was bad in law as the motion of the no-confidence was taken out by the requisitionists on 21st August, 2017 without complying with sub-section (2) of section 12 of the West Bengal Panchayat Act, 1973(as amended till date). The learned Single Judge took into consideration the written instructions given by the Prescribed Authority and the Block Development Officer and came to the conclusion that the Prescribed Authority had complied with sub-section (2) of section 12 of the West Bengal Panchayat Act, 1973(as amended till date), in an hasty manner. As such, the notice dated 22nd August, 2017 was set aside and quashed with a direction upon the Prescribed Authority to complete the entire process of removal of Prodhan on the basis of the no confidence motion taken by the requisitionists within 14th September, 2017 upon properly complying with the provisions as contained in sub-section (2) of section 12 of the West Bengal Panchayat Act, 1973(as amended till date).;