KALPANA RAKSHIT Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petition has been filed by the Pradhan of Durku Gram Panchayat, challenging the notice of the prescribed authority issued under Form-1E of Sub- Rule (2) of Rule 5B of the West Bengal Panchayat (Constitution) Rules, 1975. By the notice dated August 13, 2021, the prescribed authority called for a meeting for removal of the Pradhan on August 24, 2021 at 12.30 p.m. The first allegation of the petitioner is that the prescribed authority had wrongly issued a notice under Form-1E of Sub-Rule (2) of Rule 5B of the West Bengal Panchayat (Constitution) Rules, 1975, as the requisition brought by the requisitionists contained allegations against the Pradhan and was not in effect a notice under Section 12(2) of the West Bengal Panchayat Act, 1973.

(2.) According to Mr. Deb Barman, such a requisition for removal of the Pradhan should be carried out in terms of the provisions of Section 213 of the West Bengal Panchayat Act, 1973. It has been specifically pleaded that the notice for removal in such a situation should not be issued under Form-1E.

(3.) Mr. Dhar, learned advocate appearing on behalf of the requisitionists submits that the requisition does not disclose any serious allegations of misconduct or acts of moral turpitude and as such there is no stigma attached to the requisition.