Md. Kamal Hossain and Ors. Vs State of West Bengal and Ors. — Calcutta HC (2026) — LawSathi Research

Md. Kamal Hossain and Ors. Vs State of West Bengal and Ors. — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: the Prescribed Authority/SDO, Jangipur (5th respondent) to treat the date of communication of the order as the date of submission of the no-confidence motion, convene the meeting within 10 days and conclude it per Section 101 of the West Bengal Panchayat Act, 1973; the Inspector in Charge, Farakka Police Station (7th respondent) to render assistance for a peaceful meeting; no order as to costs.

Issue for consideration

Whether, after the Prescribed Authority cancelled the meeting on the no-confidence motion for want of police force while the time frame under Section 101 of the West Bengal Panchayat Act, 1973 was expiring, the petitioners are entitled to a direction that the meeting be convened and the proceeding concluded in accordance with law.

Court's answer

Since the meeting could not be held due to no fault on the part of the petitioners, they cannot be made to suffer for the cancellation of the meeting by the Prescribed Authority.

Ratio / Principle

The Prescribed Authority and Sub Divisional Officer, Jangipur Sub Division (5th respondent) is directed to consider the date of communication of the order as the date of submission of the no-confidence motion, convene the meeting within 10 days from communication of the order, and take the proceeding to its logical conclusion in terms of the time frame stipulated under Section 101 of the Act.

Key takeaways

The Inspector in Charge, Farakka Police Station (7th respondent) is directed to render necessary assistance to the 5th respondent so that the meeting is held peacefully without disturbance from any corner.ratio¶13
As no affidavit was invited, allegations contained in the writ petition are deemed not to have been admitted.obiter¶16

Detailed headnote1 paragraphs

Members of Farakka Panchayat Samiti floated a no-confidence motion against the Sabhapati before the Prescribed Authority/SDO, Jangipur Sub Division on 09.06.2026. By notice dated 16.06.2026 the meeting was fixed for 29.06.2026, but by a subsequent notice dated 28.06.2026 it was cancelled for non-availability of police force, while the time frame under Section 101 of the West Bengal Panchayat Act, 1973 was about to expire. Held: petitioners cannot be made to suffer for a cancellation not attributable to them; the Prescribed Authority (5th respondent) was directed to treat the date of communication of the order as the date of submission of the no-confidence motion, convene the meeting within 10 days and take the proceeding to its logical conclusion in terms of Section 101; the Inspector in Charge, Farakka Police Station (7th respondent) was directed to render assistance so the meeting is held peacefully. Writ petition disposed of; no order as to costs; allegations deemed not admitted as no affidavit was invited.

10 jdt. 07.07.2026 jb.

WPA 15014 of 2026 (Md. Kamal Hossain & Ors. vs. State of West Bengal & Ors.)

Mr. Pratip Kr. Chatterjee Ms. Maitrayee Chatterjee

…. For the Petitioners Mr. Madhu Jana Mr. Subhajit Das

…. For the State

Affidavit of service filed on behalf of the petitioners is taken on record.

The 8^th respondent is not represented despite service.

The petitioners are the members of Farakka Panchayat Samiti and floated a no confidence motion before the Prescribed Authority and Sub Divisional Officer, Jangipur Sub Division on 9^th June, 2026 which was received by the latter on the same date. By a notice issued on 16^th June, 2026, the Prescribed Authority fixed the date of meeting on 29^th June, 2026. However, by a subsequent notice issued on 28^th June, 2026 the meeting was cancelled due to non availability of police force. The petitioners seek a direction upon the Prescribed Authority to convene the meeting and conclude the proceeding in accordance with law.

The time frame laid down under Section 101 of the West Bengal Panchayat Act, 1973 for removal of the Sabhapati of the Panchayat is about to expire.

2

Since the meeting could not be held due to no fault on the part of the petitioners, they cannot be made to suffer for cancellation of the meeting by the Prescribed Authority.

The Prescribed Authority and Sub Divisional Officer, Jangipur Sub Division, being the 5^th respondent herein, is directed to consider the date of communication of this order as the date of submission of no confidence motion before him and convene the meeting within 10 days from the date of communication of this order and take the proceeding to its logical conclusion in terms of the time frame stipulated under Section 101 of the Act.

The Inspector in Charge, Farakka 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 without any disturbance from any corner whatsoever.

The writ petition is disposed of.

There shall be no order as to costs.

Since no affidavit has been invited, allegations contained in the writ petition shall be deemed not to have been admitted.

Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities.

(Suvra Ghosh, J.)