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Proceeding for disqualification of a councillor under the West Bengal Municipal Act, 1993

Provisions relating to the disqualification proceeding are dealt with in Section 21B of the West Bengal Municipal Act, 1993. The said provision authorises only the Leader viz., either the Leader of the House or the Leader of the Opposition to initiate such a proceeding as per the provisions contained in Section 21B(7) of the said Act. The said provision does not authorise the Secretary of the District Committee of a political party who is neither the Leader of the House nor the Leader of the Opposition nor even a Councillor, to initiate such a proceeding for disqualification of a Councillor.


It may therefore now be taken as well-established that where a legal wrong or a legal injury is caused to a person or to a determinate class of persons by reason of violation of any Constitutional or legal right or any burden is imposed in contravention of any Constitutional or legal provision or without authority of law or any such legal wrong or legal injury or illegal burden is threatened and such person or determinate class of persons is by reason of poverty, helplessness or disability or socially or economically disadvantaged position, unable to approach the Court for relief, any member of the public can maintain an application for an appropriate direction, order or writ in the High Court under Article 226 and in case of breach of any fundamental right of such person or determinate class of persons, in this Court under Article 32 seeking judicial redress for the legal wrong or injury caused to such person or determinate class of persons. Where the weaker sections of the community are concerned, such as under-trial prisoners languishing in jails without a trial inmates of the Protective Home in Agra or Harijan workers in case in road construction in the Ajmer District who are living in poverty and destitution, who are barely eking out a miserable existence with their sweat and toil, who are helpless victims of an exploitative society and who do not have easy access to justice, this Court will not insist on a regular writ petition to be filed by the public spirited individual espousing their cause and seeking relief for them. This Court will readily respond even to a letter addressed by such individual acting pro bono publico.


When a police officer is to be dismissed or some departmental punishment is intended to be awarded to him on the basis of a charge for which the officer has already been tried and convicted in a court or found guilty by a commission whose finding has been accepted by the Provincial Government, it shall be sufficient in the departmental proceedings to supply a copy of the judgment of the court, or findings of the commission, the reasons for dismissal or punishment and the record of the previous character of the offender. Such proceedings shall, not be instituted until the final appeal, if any, against the order of conviction has been heard, or the period of limitation for such appeal has expired.

Armed Police West Bengal

There shall be in each Range a cadre for Sub-Inspectors, in all branches of the District and Railway Police, serving in the districts within it: this cadre will be shown in a gradation list which shall be printed in April each year and maintained up to date in the office of the Deputy Inspector-General.