JUDGEMENT
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.) The instant appeal arises out of a judgment and order dated 12th May, 2017, passed by the learned Single Judge in WP 13845 (W) of 2017 (Mahamuda Bibi vs. The State of West Bengal & Ors.). The appellant before us was the writ petitioner who had approached the learned Single Judge challenging an order dated 5th May, 2017, issued by the Prescribed Authority and Block Development Officer, Kaliachak-III Development Block, fixing the date of meeting for removal of the writ petitioner as Pradhan of the concerned Gram Panchayat on 15th May, 2017, on the basis of an earlier motion taken out by the requisitionists against the writ petitioner.
(3.) The learned Single Judge dealt with the issue extensively and came to the following finding:
"Considering the submissions as advanced by the learned advocates for the parties and also considering the relevant Section of the said Act, I find that the impugned letter dated 5th May, 2017 issued by the Prescribed Authority thereby fixing the meeting for removal of the petitioner on 15th May, 2017 cannot be sustained.
Accordingly, the impugned notice dated 5th May, 2017 issued by the Prescribed Authority is quashed and cancelled and I direct the Prescribed Authority to take step in accordance with law on the basis of the earlier motion dated 17th April, 2017 taken by the requisitionist against the petitioner and thereafter issue fresh notice thereby fixing a date for meeting. The entire exercise shall be completed as directed above by the Prescribed Authority by 31st May, 2017.
With this direction, this writ petition is disposed of.
I make no order as to costs.
Since Mr. Dutta, learned senior counsel appears in the earlier matter, therefore, considering the urgency this Court directs Mr. Dutta to appear in this matter along with Mr. Dipankar Dasgupta. Let their appearance be regularised by the Office of the learned Legal Remembrancer.";
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