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

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

What the court decided

AI extract

Outcome

Prescribed Authority (5th respondent) directed to convene the no-confidence meeting within 10 days from communication of the order and conclude it in terms of Section 12; requisition notice treated as submitted on the date of communication of the order; Officer in Charge, Burwan Police Station (8th respondent) directed to render assistance for peaceful conduct of the meeting; no order as to costs.

Issue for consideration

Whether the Prescribed Authority is required to convene and conclude the meeting on the no-confidence motion notwithstanding that the time frame under Section 12 of the West Bengal Panchayat Act, 1973 had expired and the meeting had been postponed for want of police assistance. +1 more

Court's answer

Placing reliance on C. Bright vs. District Collector and Others, (2021) 2 SCC 392, the Court held that the ratio decidendi of that judgment — that use of 'shall' is prima facie mandatory but the real intention of the legislature may be ascertained from the whole scope of the statute, and a time limit may be directory where breach attracts no penalty — is applicable to the present fact situation, since non-compliance with the mandate of Section 12 of the Act of 1973 does not entail any penalty upon the Prescribed Authority.

Ratio / Principle

The Prescribed Authority, being the 5th respondent, was directed to convene the meeting within 10 days from the date of communication of the order and to take the proceeding to its logical conclusion in terms of Section 12 of the Act.

Key takeaways

The requisition notice shall be treated to have been submitted on the date of communication of the order, preserving its validity despite the earlier Division Bench finding on the expired time frame.ratio¶15
The Officer in Charge, Burwan Police Station, being the 8th respondent, was directed to render necessary assistance to the 5th respondent so that the meeting is held peacefully and without disturbance.ratio¶16

Detailed headnote1 paragraphs

Writ petition (WPA 13799 of 2026) by a member of Burwan Panchayat Samiti seeking a direction to the Prescribed Authority to convene and conclude the meeting on his no-confidence motion against the Sabhapati. The meeting fixed for 18 June 2026 had been postponed by notice dated 17 June 2026 for non-availability of police assistance; a Division Bench order dated 17 March 2026 had earlier held the previous requisition invalid as the time frame under Section 12 of the West Bengal Panchayat Act, 1973 had expired, while granting liberty to bring a fresh motion. Placing reliance on C. Bright vs. District Collector and Others, (2021) 2 SCC 392 (which discussed Remington Rand of India Limited vs. Workmen, AIR 1968 Supreme Court, 224), the Court held that the ratio of that judgment applies because non-compliance with the Section 12 mandate entails no penalty on the Prescribed Authority. The Court directed the Prescribed Authority (5th respondent) to convene the meeting within 10 days from communication of the order and conclude it per Section 12, treated the requisition notice as submitted on the date of communication of the order, and directed the Officer in Charge, Burwan Police Station (8th respondent) to ensure the meeting is held peacefully. Writ petition disposed of; no order as to costs; no affidavit invited, allegations deemed not admitted.