Abdul Hannan and Ors. Vs State of West Bengal and Ors. — Calcutta HC (2026) — LawSathi Research

Abdul Hannan and Ors. Vs State of West Bengal and Ors. — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Mixed disposition by common order: WPA 12939 of 2026 (requisitionists) allowed and WPA 12235 of 2026 (Pradhan's challenge to the 21.05.2026 notice) dismissed; Prescribed Authority and BDO, Chanchal-II Development Block directed to convene the no-confidence meeting within 10 days of communication of the order and conclude proceedings within the Section 12 time frame, the date of communication being treated as the date of submission of the motion; O/C, Chanchal Police Station directed to render assistance for a peaceful meeting; no order as to costs.

Issue for consideration

Whether the notice issued by the Prescribed Authority on 21st May, 2026, prior to verification of the requisitionists' signatures fixed for 25th May, 2026, is in derogation of Section 12(2) of the West Bengal Panchayat Act, 1973. +1 more

Court's answer

The notice issued by the Prescribed Authority on 21st May, 2026, prior to verification of the requisitionists' signatures, is in derogation of Section 12(2) of the West Bengal Panchayat Act, 1973.

Ratio / Principle

The violation is fully attributable to the Prescribed Authority and the requisitionists should not be made to suffer for the fault of the Prescribed Authority.

Key takeaways

The Prescribed Authority and the Block Development Officer, Chanchal-II Development Block (5th respondent) are directed to convene the meeting within 10 days from the date of communication of the order, upon service of notice to the relevant parties, and take the proceeding to its logical conclusion within the time frame stipulated under Section 12 of the Act of 1973.ratio¶14
Since the time frame under Section 12 has already lapsed, the date of communication of the order shall be treated as the date of submission of the no confidence motion before the Prescribed Authority.ratio¶15

Detailed headnote1 paragraphs

Common order in two interconnected writ petitions arising out of a no-confidence motion against the Pradhan of Kshempur Gram Panchayat. The Prescribed Authority, having by notice dated 19th May, 2026 fixed 25th May, 2026 for verification of the requisitionists' signatures, issued a further notice on 21st May, 2026 fixing the meeting for 4th June, 2026 — i.e., before verification — which the Court held to be in derogation of Section 12(2) of the West Bengal Panchayat Act, 1973. Holding the violation fully attributable to the Prescribed Authority, the Court declined to make the requisitionists suffer for its fault: the Prescribed Authority and the Block Development Officer, Chanchal-II Development Block (5th respondent) were directed to convene the meeting within 10 days of communication of the order and take the proceeding to its logical conclusion within the time frame stipulated under Section 12 of the Act of 1973, the date of communication of the order being treated as the date of submission of the no confidence motion since the statutory time frame had lapsed; the Officer in Charge, Chanchal Police Station (7th respondent) was directed to render assistance so that the meeting is held peacefully. WPA 12939 of 2026 (requisitionists) allowed; WPA 12235 of 2026 (Pradhan's prayer for cancellation of the 21st May, 2026 notice) dismissed. No order as to costs. (Suvra Ghosh, J.)

34-35 03.07.2026 Ct. No.15 b.das

WPA 12939 of 2026

Abdul Hannan & Ors. Vs. The State of W. B. & Ors. With WPA 12235 of 2026 Sampa Rani (Mandal) Sinha Vs. The State of W. B. & Ors.

Mr. Sabyasachi Chatterjee Mr. Badrul Karim Mr. Kiron Sk. Mr. Aritra Ghosh …for the petitioners in WPA 12939 of 2026.

Mr. Manojit Bhattacharya Mr. Diptoraj Chakraborty Mr. Masud Mullick Mr. Munna Naskar …for the petitioner in WPA 12235 of 2026 and for the respondent no.9 in WPA 12939 of 2026.

Ms. Aishwariya Rajyashree Ms. Puja Sonkar …for the State.

Since the issues for consideration in both the writ petitions are inter-related, the matters are taken up together for consideration and are being disposed of by a common order.

The petitioners in WPA 12939 of 2026 who are members of Kshempur Gram Panchayat floated a no confidence motion for removal of the Pradhan of the Panchayat who is the petitioner in WPA 12235 of 2026, before the Prescribed Authority.

The Pradhan, on the other hand, has sought cancellation of the notice issued by the Prescribed Authority on 21^st May,

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2026 on the ground that such notice was issued prior to verification of the signatures of the requisitionists fixed on 25^th May, 2026.

It is a fact that the Prescribed Authority issued a notice upon the requisitionists on 19^th May, 2026 fixing 25^th May, 2026, for verification of their signatures. Surprisingly, a further notice was issued by the Prescribed Authority on 21^st May, 2026, that is, prior to verification of the signatures of the requisitionists, fixing the date of meeting on 4^th June, 2026. Such notice is obviously in derogation of Section 12(2) of the West Bengal Panchayat Act, 1973. Further, such violation is fully attributable to the Prescribed Authority and the requisitionists should not be made to suffer for the fault of the Prescribed Authority.

Also, the meeting fixed on 4^th June, 2026 has been cancelled by a subsequent notice issued on 2^nd June, 2026.

In view of the above, the Prescribed Authority and Block Development Officer, Chanchal-II Development Block, being the 5^th respondent herein, is directed to convene the meeting within 10 days from the date of communication of this order upon service of notice to the relevant parties and take the proceeding to its logical conclusion within the time frame stipulated under Section 12 of the Act of 1973.

Since the said time frame has already lapsed, the date of communication of this order shall be treated as the date of submission of the no confidence motion before the Prescribed Authority.

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The Officer in Charge of Chanchal Police Station, being the 7^th respondent herein, is directed to render necessary assistance to the 5^th respondent so that the meeting is held peacefully and without any disturbance from any corner whatsoever.

Accordingly, WPA 12939 of 2026 is allowed and WPA

12235 of 2026 is dismissed.

There shall, however, be no order as to costs.

Since no affidavit is invited, the allegations contained in the writ petition are deemed not to have been admitted.

Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)