Prabir Kumar Samanta, J. - (1.) A short but tricky question arises for answer In this writ petition, In view of the settled position of law that Pradhan and Upa-Pradhan of Gram Panchayat cannot be removed in a single meeting, whether a requisition In writing by the members of a Gram Panchayat asking the Pradhan of the Gram Panchayat to call fora meeting for the purpose of removal of both Pradhan and Upa-Pradhan will Invalidate all subsequent proceedings therefor which though were in due compliance of the provisions of law.
(2.) The facts which are germane for this case are as follows. Out of total 19 members of Koutala Gram Panchayat 10 members by a letter dated 22.11.93 informed the Pradhan, the respondent No. 8 herein, that both the Pradhan and Upa-Pradhan have no confidence of the majority members and accordingly they asked him to convene a meeting of the Gram Panchayat for their removal within 15 days. Upon receipt of the said letter dated 22.11.93 the Pradhan did not convene the meeting. The said 10 members convened two separate requisition meetings on 23 12 93 by two separate notices dated 14 12.93. The requisition meeting for removal of the Pradhan was fixed at 1 p. m on 23.12.93 while the requisition meeting for removal of the Upa-Pradhan was fixed a (1-30 p. m. on the same date. The prescribed authority sent an observer to the said meetings dated 23.12.93 who was present in the meetings. Pradhan and Upa-Pradhan of the Gram Panchayat were removed by respective resolutions adopted by the 10 members of the Gram Panchayat in the respective meetings held separately Such resolutions were adopted unanimously by secret voting. After the removals of both Pradhan and Upa-Pradhan as aforesaid the writ petitioner No 1 was appointed as an acting Pradhan under Section 9(6) of the West Bengal Panchayat Act, 1973 (hereinafter called as the Act) by the District Magistrate and the prescribed authority requested the removed Pradhan to make over charge of the office of the Pradhan to the petitioner No. 1. The removed Pradhan, it is alleged did not make over charge to the petitioner No. 1. Thereafter the prescribed authority duly fixed 4.3 94 for election of Pradhan and Upa Pradhan of the said Gram Panchayat. The prescribed authority presided over the said election on 4.3.94 and in presence of the members the election was held and in such election the petitioner No. 1 was elected as the Upa-Pradhan of the Gram Panchayat. After the aforesaid election the removed Pradhan, the respondent No 8, on 29.3 94 made an application under Section 2G9(3) of the Act before the District Magistrate, South 24 Parganas for setting aside the said two resolutions for removal of Pradhan and Upa-Pradhan. Immediately thereafter the removed Upa-Pradhan of the said Gram Panchayat, the respondent No. 9 herein, moved a writ petition in this Court which was disposed of by an order dated 29.4.94 with a direction i upon the District Magistrate, South 24 Parganas to dispose of the said application filed by the respondent No. 8 for setting aside the two resolutions dated 23.12.92 and the election dated 4 3.94 as aforesaid in accordance with law and by giving opportunity of hearing to all the parties interested therein.
(3.) In pursuance of such direction the District Magistrate took up the said application for consideration in presence of the interested parties and by an order dated 27.5.94 cancelled the two resolutions passed separately on 23.12,93 for removal of Pradhan and Upa-Pradhan of the said Gram Panchayat and also the consequent elections of Pradhan and Upa-Pradhan on 4.3.1994. The District Magistrate was of the union that the notice dated 22.11.93 by the 10 members of the Gram Panchavat seeking to remove both Pradhan and Upa-Pradhan was bad in law both under Sections 12 & 16 of the Act and the Government Notification No. 530 dated 8.2 94 made in respect thereof. The cancellation of the aforesaid resolutions for removal dated 23.12.93 and the election dated 4 3 94 was communicate to the petitioners including the members of the Gram Panchayat by the B D O., Mathurapur-II by his memo No. 573 dated 31.5.1994.;