PRIYANKA ROY Vs. STATE OF WEST BENGAL & ORS

JUDGEMENT

(1.) On 18th September, 2017, upon taking into consideration the fact that in terms of the direction given by the learned Single Judge, a meeting was supposed to be held on that day itself at 1-00 p.m., this matter was adjourned till today so that the result of the said meeting for removal of the Pradhan of the concerned Gram Panchayat was brought to the notice of the Court.

(2.) Today, when the appeal and the application for stay are taken up for consideration, the learned advocate for the State seeks leave to file a report of the Prescribed Authority, i.e., the Block Development Officer, Kumargram Development Block, District - Alipurduar. The said report reveals that a special meeting of the motion for removal of the Pradhan of Kamakhyaguri-I Gram Panchayat was held on 18th September, 2017 at 1-00 p.m. All fourteen existing members (directly elected), including the Pradhan, remained present during the special meeting held at the scheduled time. The result of the meeting is contained in a resolution bearing the same date, which has been annexed to the report of the Prescribed Authority filed in Court today. Such resolution reveals that by an overwhelming majority, the Pradhan of the concerned Gram Panchayat, being the appellant herein, has been removed through a democratic process.

(3.) As such, we do not find any merit in the appeal which is liable to be dismissed along with the application for stay. However, before dismissal, we wish to refer to the following observations of the Division Bench judgement rendered in the case of Shiladitya Halder vs. State of West Bengal & Ors.,2017 1 CalHN 513 (Cal) : -