S.B.Sinha, J. - (1.) This writ application in the nature of Public Interest Litigation has been filed claiming, inter alia, the following reliefs :- "(a)A writ of and/or in the nature of Mandamus do issue directing the respondent authorities concerned and/or their Agents or servants and/or to cancel and/or rescind and/or annual and/or set aside the order dated 8.10.98 being No. 3692/PN/N/II/2P-10/97 issued by the respondent No.1 being annexure 'H' to the writ petition. (b)A writ of and/or in the nature of Mandamus do issue directing the respondent authorities and/or their agents and/or men and/or servants to give effect to and/or further effect of the memo being No. 236/CP-DPPG/ZIL/PUR/004/99 issued by the respondent No. 2 dated 24.05.99 allowing the pensionary benefits in favour of the respondent No.9. (c)A writ of and/or in the nature of Mandamus do issue directing the respondent authorities and/or their agents and/or their men and/or servants to cancel and/or rescind and/or set aside the application for voluntary retirement being annexure 'C' to this petition and subsequent recommendation by the Zilla Parishad in its resolution dated 6.11.95 being annexure 'D' to this writ petition."
(2.) The basic fact of the matter is not in dispute. The respondent No.9 was an employee of Purulia Zilla Parishad. While serving as an employee, he contested the election of Councillor of Purulia Municipality and was elected whereafter, he was also elected as Chairman.
(3.) On or about 8/17.12.1995 the Secretary to the Government of West Bengal by a letter addressed to the Sabhadhipati, Purulia Zilla Parishad, inter alia, drew the latter's attention to Rule 159 of the West Bengal Zilla Parishad (Election, Constitution and Administration) Rules, 1964 and stated that taking part in the election process by the respondent No.9 was illegal. In the aforementioned situation it was directed:- "I am directed to state that in view of the above provision of law the State Government is of the view that the Zilla Parishad acted ultra vires in allowing Sri Biswas, a regular employee of the Zilla Parishad to contest Municipal Election. It is also held that Sri Krishnapada Biswas should not be allowed to continue to hold the post of Zilla Parishad unless he resigns from the office of the member, Purulia Municipality and consequently, from the office of the Chairman. I am further directed to request you to kindly ask Sri Krishnapada Biswas, Overseer, to either retain his elected post in the Municipality and resign from the regular post of Zilla Parishad, or retain his Regular post at Zilla Parishad and resign from the elected post in the Municipality. He may be allowed reasonable time to finally shape his decision in the matter. In view of importance of the issue, I am also directed to request you to kindly inform this Deptt. of further development in the matter.";