MST. ROYESHA BIBI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner is the Pradhan of Alipore -II, Gram Panchayat and has assailed the no confidence motion submitted on 16/6/2026 as well as the notice issued on 2/7/2026 on the ground that such notice has been issued in violation of Sec. 12(3) of the West Bengal Panchayat Act, 1973 and the date of meeting has been fixed in violation of Sec. 12(4) of the Act.

(2.) Learned counsel for the petitioner submits that in view of the negative term used in Sec. 12(4) of the Act to the effect that the meeting shall be held on a working day which shall not be later than 15 working days from the date of receipt of the motion by the Prescribed Authority, the condition is mandatory and not directory. Non compliance of the said mandate shall render the motion as well as the notice invalid.

(3.) Learned counsel has placed reliance on the authorities in M. Pentiah and others v/s. Muddala Veeramallappa and others reported in 1961 AIR (SC) 1107, Lachmi Narain and others v/s. Union of India and others reported in 1976 AIR (SC) 714, Nasiruddin and Others v/s. Sita Ram Agarwal reported in 2003 AIR (SC) 1543 and Union of India and Others v/s. A.K. Pandey reported in 2009 AIR (SCW) 6354 in support of his contention.