Biswanath Somadder, J. - (1.) On 18th September, 2017, upon taking into consideration the fact that in terms of the direction given by the learned Single Judge, a meeting was supposed to be held on that day itself at 1-00 p.m., this matter was adjourned till today so that the result of the said meeting for removal of the Pradhan of the concerned Gram Panchayat was brought to the notice of the Court.
(2.) Today, when the appeal and the application for stay are taken up for consideration, the learned advocate for the State seeks leave to file a report of the Prescribed Authority, i.e., the Block Development Officer, Kumargram Development Block, District - Alipurduar. The said report reveals that a special meeting of the motion for removal of the Pradhan of Kamakhyaguri-I Gram Panchayat was held on 18th September, 2017 at 1-00 p.m. All fourteen existing members (directly elected), including the Pradhan, remained present during the special meeting held at the scheduled time. The result of the meeting is contained in a resolution bearing the same date, which has been annexed to the report of the Prescribed Authority filed in Court today. Such resolution reveals that by an overwhelming majority, the Pradhan of the concerned Gram Panchayat, being the appellant herein, has been removed through a democratic process.
(3.) As such, we do not find any merit in the appeal which is liable to be dismissed along with the application for stay. However, before dismissal, we wish to refer to the following observations of the Division Bench judgement rendered in the case of Shiladitya Halder vs. State of West Bengal & Ors.,2017 1 CalHN 513 (Cal) : - "It is, however, necessary to observe at this stage that a public authority - who is obliged to perform his duties under a statute - is required to perform such duties in such a fair and transparent manner so that no person can raise either an eyebrow or point an accusatory finger at the said authority who is merely performing his statutory obligations. This is to be borne in mind by all those public authorities who are obliged to perform such statutory duties, particularly which directly affect the interest of those public institutions which run on democratic principles, such as institutions under the three tier Panchayati Raj system. Care should be taken by a public authority during the decision making process in order to ensure that there is no element of doubt created in the minds of those persons who are likely to be affected by the decision of the said public authority who merely performs his duties and obligations under a statute.";