AIR 2001 CALCUTTA 72

Calcutta High Court

Hon'ble Judge(s): Dilip Kumar Seth , J

(A) West Bengal Panchayat Act (41 of 1973) , S.11— Panchayat - Removal of Pradhan - Provisions barring a member, against whom disqualification process is initiated, from participating in or requisitioning a meeting for removal of Pradhan - @page-Cal73Would apply only when a final order of removal of such member is passed. In view of the provisions contained in S. 11 particularly sub-sec. 3 read with sub-Sec.(2) it can not be said that the removal of member would operate from the date the jurisidction of the prescribed authority is invoked. On the other hand, by reason of the expression used in sub-sec. (2) and (3) the removal becomes effective only on the passing of the order by the prescribed authority and it remains operative unless it is stayed by the appellate authority. However, by reason of sub-sec. (3) such an order becomes final after the order an appeal is passed. Therefore, so long the order does not become final or becomes operative a member against whom a process u/S. 11 is initiated can not be preculded from participting in the meeting or even to requisition a meeting for removal of the pradhan. In the absence of any provision under which such members can be preculded from participating in a meeting it is not possible for the High Court to prevent their participation in the meeting and exercising their right available under the sy....