- (1.) The moot question in the instant writ petition is whether the provision as contained in sub-section 2 of Section 12 of the West Bengal Panchayat Act is ultra vires the legislative competence of the legislature or violative of Part - III of the Constitution.
(2.) The petitioner was elected as Pradhan of Sahapur-I Gram Panchayat under Goalpokher - Block Development. Following a resolution being adopted by the members in the meeting, the elected Pradhan was removed from his office. In the wake of his removal from the post of Pradhan, process was underway to elect a new Pradhan. in view of the embargo imposed on the outgoing Pradhan to contest the election for the post of new Pradhan, the writ petitioner has come up before the writ Court, challenging the Constitutional validity of the amended provision of Section 12 of the Panchayat Act.
(3.) With the amendment of Section 12 of West Bengal Panchayat Act, Sub-Section 2 of Section 12 has been incorporated. As per the amended provision, the Pradhan or the Upa-Pradhan , who is removed from his office in terms of a resolution carried under sub-section (1), shall not be eligible for election to that office before completion of a period of one year from the date of such resolution.;