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 and/or in the nature of Mandamus commanding the respondent authorities and each one of them their men, agents, assigns and subordinates to rescind, cancel, withdraw and set aside the notice of Notice No. 75 (23)-20 dated 16.07.2019; c) A writ of and/or in the nature of Mandamus commanding the respondent authorities and each one of them their men, agents assigns and subordinates to declare the Notice No.75(23)-20 dated 16.07.2019 is illegal and void abinitio and nonest of law; d) A writ of and/or in the nature of Certiorari do issue directing the respondents and each one of them to forthwith certify and transmit to this Hon'ble Court all the records and documents pertaining to this instant case, so that conscionable justice may be administered by quashing the same i.e. Notice No.75 (23)-20 dated 16.07.2019; e) Any other appropriate writ or writs, order or orders and/or direction or directions; f) Rule NISI in terms of prayers above and in the event no cause or insufficient cause is shown, to make the said Rule absolute; g) An interim order restraining the respondents not to proceed further with the impugned Notice No.75(23)-20 dated 16.07.2019 till the disposal of this application; h) Ad-interim order in terms of prayer (g) above; i) Costs of and incidental to this application be borne by the respondents; j) Such further and other order or orders be made and/or direction or directions be given as to this Hon'ble Court may seem fit and proper.
(2.) The petitioner's case in a nutshell is as follows :- That the petitioner was elected as a councillor of Halisahar Municipality. Suddenly on 17th July, 2019 the petitioner came to know that a notice being no. 75(23)-20 dated 16th July, 2019 has been issued by the respondent no.3 the Chairman herein, to the councillors of the said municipality. The contents of the said letter was that a special meeting of the Board of Councillors of the said Municipality will be held on 19th July, 2019 for the purpose of considering the 'No-Confidence Motion' against the Chairman of the said Municipality. That notice was issued only through the whatsapp on 16th July, 2019 though the law governing the municipalities clearly mandates that a notice of 'No- Confidence' is to be sent through registered post only and not through whatsapp. The petitioner received the said notice without any copy of purported requisition letter dated 16th July, 2019. Vide letter dated 18th July, 2019 the petitioner requested the Chairman (respondent no.3 herein) to withdraw the said notice and to proceed in accordance with law. Accordingly, the petitioner filed the present writ petition for quashing and setting aside the said notice being no. 75 (23)-20 dated 16th July, 2019. The said matter was mentioned in the morning session on 19th July, 2019 by Mr. Saptangshu Basu, learned Senior Advocate before this Court for granting leave to move the writ petition at 2 p.m., considering the urgency as the meeting was scheduled to be held at 3 p.m. on 19th July, 2019 service of notice in terms of Rule 26 of the Appellate Side Rules of this Hon'ble Court was dispensed with. Accordingly leave was granted to move the petition at 2 p.m. after giving notice upon the learned Advocate appearing for the State. Accordingly the matter was taken up for hearing after 2:15 p.m. and the following order was passed :- "The petitioner has filed the present writ petition assailing the impugned notice dated 16th July, 2019 passed by the Chairman, Halisahar Municipality thereby directing that the meeting would be held on 19th July, 2019 at 3 p.m. in connection with no confidence motion against the Chairman of the said Municipality. Mr. Bhattacharjee, learned Senior Advocate appearing for the petitioner, submits that this notice was only served through whatsapp message to the petitioner which is not the proper mode of service as prescribed by the statute. Mr. Bhattacharjee further submits that just to frustrate the elected councillors' attempt to bring no confidence motion against the Chairman, the Chairman on his own issued the impugned notice dated 16th July, 2019 to held a meeting on 19th July, 2019 at 3 p.m. Mr. Bhattacharjee further contends that considering the urgency, the petitioner has prayed for leave in terms of Rule 26 of the Appellate Side Rules. The same is considered and dispensed with. Per contra, learned Advocate General submits that there is no urgency in the present case. No pleading has been made regarding the urgency. Learned Advocate General also submits that only one elected councillor has moved this writ petition just to frustrate the meeting to be held today at 3 p.m. Learned Advocate General further submits that the Chairman, whose notice is under challenge, has not been purposely served by the petitioner. Learned Advocate Genera further submits that no statutory violation has been proved in the present case. The impugned notice has been issued after following Rule 9 Sub-Rule 3(b) of the West Bengal Municipalities (Procedure and Conduct of Business) Rules, 1995. Learned Advocate General further contends that the petitioner has received the notice on 17th July, 2019 through whatsapp but purposely moved it today. Therefore, This point cannot be raised by he petitioner that no notice was given thereby following the procedure. Considering the submissions as advanced by the learned Advocates for the parties and after perusing the records, I find that the notice dated 16th July, 2019 was only given through whatsapp on 17th July, 2019 which is not at all proper service as prescribed under the statute. Therefore, I am prima facie satisfied that the petitioner has been able to make out a prima facie case which deserves some protection by this Court. Accordingly, after being prima facie satisfied, the impugned notice dated 16th July, 2019 whereby the Chairman of the Halisahar Municipality fixed the meeting on 19th July, 2019 at 3 p.m. is hereby stayed till 23rd July, 2019. Let this matter appear in the list on 23rd July, 2019 at 3 p.m. The petitioner is directed to communicate this order to the Chairman of the Halisahar Municipality through whatsapp immediately. Let a photostat plain copy of this order, duly counter-signed by the Assistant Registrar (Court), be handed over to the learned Advocates for the parties on usual undertakings."
(3.) Mr. Biskash Ranjan Bhattacharjee, learned Senior Advocate appearing for the petitioner contended that though the impugned meeting dated 19th July, 2019 was stayed by the Court before 3 p.m. but in spite of that the meeting was held on the plea that order was not served upon the respondent no.3 though the respondent no.3 was served with the order through whatsapp.;