Allowed¶20

Biplab Sabuj Das v. State of West Bengal and Ors.

Calcutta HC11 Apr 2025WPA/8556/2025

Case brief

AI extract

What is this about?

Taki Municipality; Hasnabad Bus Stand Bazar Seba Samity; Hasnabad Bazar Committee; no-confidence motion; unregistered association; coopted President; exceeded jurisdiction; writ of mandamus; quashing of Memo No.43/1(21)/T.M. dated 08.04.2025; municipal Chairperson; board of councillors; elected office bearers; WPA 8556 of 2025; Partha Sarathi Sen; West Bengal; 11.04.2025.

What did the court decide?

Writ of mandamus issued against the respondent authorities quashing Memo No.43/1(21)/T.M. dated 08.04.2025 (the Chairperson, Taki Municipality's letter calling a no-confidence motion meeting); writ petition disposed of; no order as to costs. ¶20

Biplab Sabuj Das Vs State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶20

Issue for consideration

Whether the board of councillors, Chairperson or Vice-Chairperson of Taki Municipality has any authority to call a meeting for holding a no-confidence motion against the writ petitioners, who are elected office bearers of Hasnabad Bazar Committee, an unregistered association. +1 more

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Court's answer

Sufficient materials were placed before the court establishing that Hasnabad Bus Stand Bazar Seba Samity is an unregistered association.

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Ratio / Principle

Since the Chairperson of Taki Municipality is only the coopted President of the unregistered association, neither the Chairperson, nor the Vice-Chairperson, nor the members of councillors of the Municipality have any control over the affairs and management of the committee, and they have no authority to take steps for removal of the writ petitioners, its elected office bearers.

¶18

Key takeaways

The respondent authorities exceeded their jurisdiction.ratio¶19
A writ of mandamus was issued against the respondent authorities quashing Memo No.43/1(21)/T.M. dated 08.04.2025, while allowing the writ petition.ratio¶20

Detailed headnote1 paragraphs

Writ petition by elected office bearers of Hasnabad Bus Stand Bazar Seba Samity (also referred to as Hasnabad Bazar Committee), an unregistered association, challenging a letter dated 08.04.2025 (Memo No.43/1(21)/T.M.) issued by the Chairperson, Taki Municipality calling a meeting to move a no-confidence motion against them. The court found that the Chairperson of the Municipality is merely a coopted President of the association, and that neither the Chairperson, the Vice-Chairperson nor the councillors of the Municipality have any control over the affairs and management of the unregistered association, and hence no authority to take steps for removal of its elected office bearers; the respondent authorities had exceeded their jurisdiction. A writ of mandamus was issued quashing Memo No.43/1(21)/T.M. dated 08.04.2025; the writ petition was allowed and disposed of; no order as to costs. (Partha Sarathi Sen, J.; decided 11.04.2025.)

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April 11, 2025 Sl. No.SL 1 Court No.19 s.biswas

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WPA 8556 of 2025

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Biplab Sabuj Das and others vs.

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The State of West Bengal and others

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Mr. Samim Ahmmed Mr. Arka Maiti Ms. Ambiya Khatun Mr. Danish Uddin Abbasi Mr. Nasirul Haque … for the petitioners Mr. Lalit Mohan Mahata Mr. Prasanta Behari Mahata ... for the State

¶6

Considering the urgency of the matter, leave was granted to the writ petitioner to move the instant writ petition out of turn. Learned advocate on record on behalf of the writ petitioners undertakes to file affidavit of service in course of this day. In view of such, learned advocate on record of the writ petitioners is hereby requested to file affidavit of service positively in course of this day. The ACO is directed to incorporate the affidavit of service, if filed, with the instant file.

¶7

By filing the instant writ petition, the writ petitioners have prayed for issuance of appropriate writ/writs against the respondent nos.2 to 5 for setting aside and/or for quashing of the letter dated 08.04.2025 as issued by the Chairperson, Taki Municipality (hereinafter referred to as ‘the Municipality’ in short) addressed to the writ petitioner no.3 whereby and whereunder the said Chairperson had called for a meeting to hold no

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confidence motion against the writ petitioners, though the writ petitioners are the elected members of Hasnabad Bazar Committee (hereinafter referred to as ‘the said Committee’).

¶10

In course of hearing Mr. Ahmmed, learned advocate appearing on behalf of the writ petitioners at the very outset draws attention of this court to page no.20 of the instant writ petition being a copy of the resolution of the said committee wherefrom it reveals that the members of the said committee which is an unregistered association had decided to hold an election of the members of the said committee on a particular date i.e. on 01.09.2024 and by the self-same resolution it has also been resolved that the elected members would hold the post of office bearers of the said committee for the period of next three years.

¶11

Drawing attention of this court to page no.28 of the instant writ petition being a copy of the resolution dated 20.09.2024, it is submitted by Mr. Ahammed that from the copy of said resolution it would reveal that pursuant to the earlier resolution the election of the committee members was held on 1^st September, 2024 wherein 21 persons being the members of the said committee were elected for holding the post of office bearers and in the said meeting as per convention, the Chairperson of the Taki Municipality was coopted as President of the

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said committee and the writ petitioner nos.3 and 2 were elected as Working President and Secretary of the said committee.

¶14

It is thus submitted by Mr. Ahmmed that by no stretch of imagination it can be held that the board of councillors and/or Chairperson or ViceChairperson of the Taki Municipality has any authority to call for a meeting for holding a no confidence motion against the writ petitioners who are the elected office bearers of the said committee.

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Per contra, Mr. Mahata, learned Additional Government Pleader appearing for the respondent State submits before this court that since the majority of elected members of the said committee had submitted a no confidence motion against some of the office bearers who are the writ petitioners before this court, the notice under challenge has been issued by the said Municipality and thus there cannot be any illegality in issuance of such letter.

¶16

On careful consideration of the entire materials as placed before this court, it appears to this court that sufficient materials have been placed before this court that Hasnabad Bus Stand Bazar Seba Samity is an unregistered association. This court further finds that on the basis of an election the present writ petitioners along with other persons have been elected by the members of said

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committee. Sufficient materials have also been placed before this court that the Chairperson of Taki Municipality is the coopted President of the said committee and thus by no stretch of imagination it can be said that either the Chairperson or the Vice-Chairperson or the members of councillors of the Taki Municipality has/have got any control over the affairs and management of the said committee which is purely an unregistered association and thus they have no authority to take any steps for the removal of the writ petitioners who are the elected office bearers of the said committee.

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This court thus finds that the respondent authorities have exceeded their jurisdiction.

¶20

Accordingly, while allowing the instant writ petition, this court issues a writ of mandamus against the respondent authorities by quashing the Memo No.43/1(21)/T.M. dated 08.04.2025.

¶21

The instant writ petition is thus disposed of, in the light of the observation made hereinabove.

¶22

There shall be no order as to costs.

¶23

All the parties are to act on the basis of the server copy of the order.

¶24

(Partha Sarathi Sen, J.)

Biplab Sabuj Das v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Biplab Sabuj Das v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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