Calcutta High Court
MAT/86/2026 of THE STATE OF WEST BENGAL AND ORS. Vs SANTANU DEBNATH AND ORS on 29 September 2026
HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI 17
IN THE HIGH COURT AT CALCUTTA
CIRCUIT BENCH AT JALPAIGURI
29.09.
Ct. No. 7
sdas
MAT 86 of 2026
with
CAN 1 of 2026
in
WPA 1321 of 2026
The State of West Bengal & Ors.
Vs.
Santanu Debnath & Ors.
Mr. Jagriti Mishra, learned AAAG
Mr. Kunaljit Bhattacharjee, learned AGP
Mr. Subhankar Dutta
… for the appellant/State
Mr. Bikramaditya Ghosh
Mr. Ved Rai
Mr. Vivek Saha
Mr. Binayak Bandopadhyay
Mr. Hrisav Anirban Ghosh
… for the respondents
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1. The affidavit of service filed today is taken on record.
2. The appeal is directed against the judgment and order dated 30th July, 2026, passed by a Hon’ble Single Bench of this Court.
3. By the said order, the direction of the Board of Councillors of the Alipurduar Municipality was dissolved and an Administrator was appointed.
4. It appears that the Vice-Chairman of the
Alipurduar Municipality has resigned on 18th June, 2026.
5. The Chairman of the Alipurduar Municipality accepted the resignation of the Vice-Chairman and he himself tendered his resignation on the very same day i.e. on 18th June, 2026. By an order dated 30th June, 2026, the Executive Officer of the Alipurduar Municipality issued a notice of show-cause as to why the Board of Councillors should not be dissolved.
6. Writ petitioners/respondents submitted a reply before the Executive Officer on 3rd July, 2026, inter alia, contending that the Board of Councillors wish to elect new Office Bearers and continue to function. By an order dated 3rd July, 2026 itself, passed under Section 431(2) of the West Bengal Municipal Act, 1993, the Board of Councillors of the Alipurduar Municipality was dissolved. The request of the Board of Councillors to conduct a meeting was ignored by the Executive Officer.
7. The learned Single Bench found that the notice dated 3rd July, 2026, issued by the Executive Officer, falls short of the mandatory notice period and had quashed the same. As on date, there is a complete stalemate as the Administrator of the Municipality, appointed by the State, has been set aside by the learned Single Bench, thereby creating a complete stalemate of the function of the Municipality.
8. Having heard the learned Counsels appearing for the parties, this Court is of the view that the State may issue a fresh show-cause notice to the Board of Councillors in terms of Section 431(2) of the West Bengal Municipal Act, 1993. The Board of Councillors may hold a meeting in the meantime to elect any Office Bearers to function as the Chairman and Vice-Chairman and also to accept the resignation of the previous Chairman. The Executive Officer of the Municipality shall permit the writ petitioners/respondents to hold the meeting.
9. Reply to the show-cause notice may accompany any decision taken by the Board of Councillors for electing new Office Bearers.
10. Till such time, a lawful Chairman and Vice- Chairman be elected. The Administrator, already appointed by the State, shall function to oversee the functioning of the Municipality for day-to-day administration.
11. With the aforesaid observations, the instant appeal is disposed of.
12. Consequently, the connected application being CAN 1 of 2026 is also disposed of.
13. Urgent photostat certified copy of this order, if applied for, be given to the parties, upon usual undertakings. (Rajasekhar Mantha, J.)
(Reetobroto Kumar Mitra, J.)