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2016 DIGILAW 844 (CAL)

Block Development Officer, Kaligunj v. Subrata Saha

2016-11-02

BISWANATH SOMADDER, SANKAR ACHARYYA

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JUDGMENT : Biswanath Somadder, J. 1. By consent of the parties, the appeal is taken up for hearing by treating the same as on day’s list along with the application for stay. 2. The appeal as well as the application for stay arises out of an order dated 25th July, 2016, whereby the learned Single Judge had, inter alia, issued a direction upon the Prescribed Authority to file a report in the form of an affidavit in response to the allegations made in the writ petition. It appears that while passing the order dated 25th July, 2016, the learned Single Judge passed an interim order to the effect that the Prescribed Authority shall not hold any meeting until 10th August, 2016 or until further order, whichever was earlier. 3. Although it is quite apparent that the impugned order dated 25th July, 2016, has already spent its force, as of date, this Court has been informed that the said interim order has been extended from time to time, subsequently. However, those orders have not been challenged in the present appeal proceeding. 4. Be that as it may, this Court is of the view that there is an imperative necessity for expeditious disposal of the writ petition for the simple reason that a meeting convened by a Prescribed Authority is for the sole purpose of upholding the democratic principles that govern such institutions like the concerned Gram Panchayat. In this context, one may take notice of the views expressed by the Hon’ble Supreme Court in Bhanumati Vs. State of U.P., reported in (2010) 12 SCC 1 which have been reiterated by the Supreme Court in Usha Bharti Vs. State of Uttar Pradesh & Ors., reported in (2014) 7 SCC 663 in paragraph 44 while quoting Bhanumati (supra). 5. For reasons stated above, this Court requests the learned Single Judge to ensure disposal of the writ petition – one way or the other – preferably before the end of this year. 6. The appeal and the application for stay are accordingly disposed of. 7. Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties.