Samapti Chatterjee, J. - (1.) The petitioner filed the present writ petition for the following reliefs :- a) Dispensation of service in terms of Rule 26 of the Appellate Side Rules of this Hon ble Court; b) A Writ of Mandamus commanding the respondents to withdraw and/or cancel and/or rescinding the impugned memo dated June 10, 2019 issued by the Respondent No.3; c) A Writ of Mandamus commanding the respondents to take steps to ensure smooth running of municipality in terms of Municipal Act and Regulations by existing board. d) A declaration that the notification dated June 10, 2019 order vide memo dated June 10, 2019 and memo dated June 10, 2019 are null and void; e) A Writ of and/or in the nature of Mandamus do issue setting aside and/or quashing and/or rescinding the notification dated June 10, 2019 order vide memo dated June 10, 2019 and memo dated June 10, 2019; f) A Writ of and/or in the nature of Prohibition do issue directing the respondents and each of them to give any effect and/or further effect to and/or from acting in any manner pursuant to the notification dated June 10, 2019 order vide memo dated June 10, 2019 and memo dated June 10, 2019; g) A Writ of and/or in the nature of Certiorari do issue directing the respondent authorities, particularly the respondent no.1, to forthwith certify and transmit to this Hon ble Court all the records and documents pertaining to the notification dated June 10, 2019 order vide memo dated June 10, 2019 (a copy whereof is annexed hereto as P/2) issued by the petitioner, so that considerable justice may be administered; h) Rule NISI in terms of prayers above; i) An order of injunction be passed restraining the respondents and each one of them from giving effect to or further effect and/or acing in furtherance with the notification dated June 10, 2019, order vide memo dated June 10, 2019 and memo dated June 10, 2019; j) Ad-interim order in terms of prayers above; k) Costs of and incidental to this application be borne by the respondents; l) Such further and other order or orders be made and/or direction or directions be given as to this Hon ble Court may deem fit and proper.
(2.) The petitioner s case in a nutshell is as follows :- On 31st May, 2019 petitioner joined Bhartiya Janta Party (BJP) along with other councillors of the Naihati Municipality. On the same date i.e. on 31st May, 2019 a requisition signed by the petitioner and other 17 councillors of Naihati Municipality was submitted to the Chairman of Naihati Municipality whereby they requested the Chairman to call for a special meeting of the councillors for passing a no-confidence motion against the said Chairman. On 10th June, 2019 a memo being no. 602/Con/BKP was issued whereby the respondent no.3 has been requested to make necessary arrangements for transferring the charges to the administrator. Petitioner came to know of that purported memo being no. 602/Con/BKP only on 12th June, 2019.
(3.) Now the following issues are to be determined :- (i) Whether the appointment of administrator is contrary to law and/or procedure established by Statute ? (ii) Whether the Sub-Divisional Officer, Barrackpore, North 24-Pgs has any authority or jurisdiction to direct the Executive Officer Naihati Municipality for making necessary arrangements for transferring the charges to the administrator ?;