Samapti Chatterjee, J. - (1.) The petitioners filed this writ petition for the following reliefs : (a) A declaration declaring the resolution adopted by the eleven councillors being the petitioners and submitted to the Election Officer of the Bongaon Municipality is valid and the petitioners have a right to form a Board having passed their majority; (b) A writ in the nature of mandamus, commanding the respondent authority and their men/agents/subordinates to give effect to the resolution adopted by the petitioners pursuant to the Order dated 11.07.2019 by the Hon'ble High Court in accordance to the law; (c) A writ of in ordering nature of Certiorari commanding the respondents, their men, agents subordinates to produce and transmit all relevant resolutions and records relating to the instant case before this Hon'ble Court within a particular period to be decided by this Hon'ble Court, so that the conscionable justice may be rendered upon considering the same; (d) A writ in the nature of prohibition directing the respondent their men/agents/subordinates not to give any effect or any further effect to any other resolution taken in violation of the orders of the Hon'ble High Court dated 11.07.2019 and not to proceed any further with any purported malafide decision; (e) Issue a Rule Nisi in terms of the prayer (a), (b) (c) and (d) above; (f) An interim order of injunction restraining the respondents and their men, agents, subordinates not to disturb in the functioning of the petitioners in the further proceeding of the said Bongaon Municipality in forming new board of councillors pursuant to the resolution adopted by them dated 16.07.2019; (g) An interim order be passed directing the respondents, their men an agents and subordinates (Superintendent of Police/Sub-Divisional Officer/ District Magistrate) to provide with police assistance to the petitioners in smooth functioning of works of the municipality by the present petitioners who are in majority to proceed with the day to day affair of the municipality; (h) To pass an interim order as there is an extreme urgency involved in this matter and accordingly leave may be granted to move this application exparte after dispensing with relevant rules of the appellate side framed by this Hon'ble Court; (i) To pass any other order or orders as Your Lordship may deem fit and proper.
(2.) The petitioners case in a nutshell is as follows: That the petitioners (11 in number) lost their confidence upon the Chairman of Bongaon Municipality and adopted a "No-Confidence Motion" against the Chairman and sent statutory notice on 7th June, 2019 to him by registered speed post dated 12th June, 2019 and a copy to the Sub-Divisional Officer at Bongaon. Since no step was taken by the Chairman to hold a special meeting on the basis of the no confidence motion under Rule 9 (3) (b) (I) and (II) the petitioners earlier filed writ petition being W.P No.12478(W) of 2019 for direction upon the Chairman to hold special meeting under Rule 9 Sub Rule 3 (b) (1) of West Bengal Municipalities (Procedure and Conduct of Business) Rule, 1995 on the basis of "No-Confidence Motion." Opposing the said writ petition the Chairman contended that notice was not properly served upon him by the petitioners and the Vice Chairman took a point that "No-Confidence Motion" has not been filed in proper form. The said writ petition was disposed of by the Court giving liberty to the petitioners to take steps in accordance with law as laid down under West Bengal Municipalities Act 1993 and the West Bengal Municipalities (Procedure and Conduct of Busuness) Rules 1995 forthwith.
(3.) Accordingly on 12th July, 2019 three councillors wrote to all councillors including the Chairman, Vice Chairman for holding an extraordinary meeting under Rule 9 (3) (b) (iii) of the West Bengal Municipalities (Procedure and Conduct of Business) Rules, 1995. By the said letter the councillors were requested to be present at the Bibhuti Bhushan Bandopadhyay Adhibesab Kakshya at Bongaon Municipality on 16th July, 2019 at 3 P.M. to vote against or in favour of "No-Confidence Motion" under Presidentship of 3 councillors viz. Himadri Mondal, Manatosh Nath and Diptendu Bikash Bairagi. Accordingly on 16th July, 2019 under the Presidentship of Himadri Mondal meeting for "NoConfidence Motion" was conducted at about 3:45 P.M. at the office of the Executive Officer and not at Adhibeshan Kakshya. It was recorded in the resolution book that although the petitioners came within time to participate in the meeting but the petitioners were prevented by the police personnels to attend the meeting and were detained for about 40 minutes whereafter they were allowed to enter the Municipal premises. As the Adhibesan Kakshya was under lock and key, the petitioners were compelled to conduct the meeting at the office of the Executive Officer where all the 11 councillors by raising their hands suported the 'NoConfidence Motion'. Accordingly 'No-Confidence Motion' was passed and as there was no other Agenda, save and except the 'No-Confidence Motion', the meeting was concluded. Thereafter SDO, Bongaon, North 24-Parganas was informed by 11 councillors vide letter dated 16.7.2019 as to the passing of the 'No-Confidence Motion'.;