Authority: High Court, Calcutta Division

Order Date: 10 July 2026

Case Overview

  • Parties: Appellant Sultana Khatun (Sabhapati of Burwan Panchayat Samiti) vs. Respondents including Wasim Akram & Ors., with the State represented by the Additional Advocate General.
  • Background: A notice of no‑confidence was filed by 24 requisitionists on 4 June 2026. The prescribed authority fixed a meeting for 18 June 2026, then cancelled it on 17 June citing anticipated breach of peace per police advice.
  • The Single Judge dated 1 July 2026 extended the statutory timeline, directing the meeting to be held on 17 July 2026, effectively adding ten days beyond the period prescribed under Section 101(10) of the West Bengal Panchayat Act, 1973.
  • Arguments: Appellant counsel (Adv. Ipsita Ghosh) argued the statutory time‑limits are mandatory and cannot be extended. Respondent counsel (Adv. Partha Sarathi Bhattacharjee) contended the authority could postpone the meeting for reasons beyond its control, relying on a Division Bench decision (MAT 652 of 2021) and Section 12(4) of the Act.
  • Court Reasoning: The Court held that the prescribed authority failed to demonstrate a bona‑fide reason beyond its control; reliance on police perception alone is insufficient. The statutory provisions in Section 101(4) and (10) impose a mandatory 15‑working‑day and 30‑day overall deadline respectively, which the authority violated. Extending the deadline amounts to rewriting the statute, beyond the writ court’s power.
  • The Court noted that the Division Bench precedent involved the Disaster Management Act and therefore was not applicable. It also rejected the Single Judge’s reliance on Supreme Court decisions under unrelated statutes.

Final Outcome

  • The order dated 1 July 2026 directing the meeting on 17 July 2026 is set aside.
  • The requisition lost its force as the statutory 30‑day period expired; the requisitionists may file a fresh motion in compliance with the law.
  • The prescribed authority is directed to convene any future meeting within the mandatory timelines of the West Bengal Panchayat Act without undue delay.
  • Police authorities are mandated to provide adequate protection to officials during the meeting.
  • No order as to costs; parties may obtain certified copies upon compliance with formalities.

Topics: Panchayat Governance, No‑Confidence Motion