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Issues Involved:
1. Whether the Panchayat Samiti has the incidental or consequential power to specify a day for holding a hat or fair u/s 117 of the West Bengal Panchayat Act, 1973. 2. Whether the absence of specific rules u/r 7, 8, and 9 of the West Bengal Panchayat (Samiti Administration) Rules, 1984 limits the Panchayat Samiti's power to specify a day for holding a hat or fair. Summary: Issue 1: Incidental or Consequential Power to Specify a Day The Supreme Court addressed whether the Panchayat Samiti, vested with the authority to grant a licence for holding a hat or fair u/s 117 of the West Bengal Panchayat Act, 1973, also has the incidental or consequential power to specify a day for such events. The Court held that the power to grant a licence necessarily includes the power to supervise, control, and manage the hat or fair within its territorial jurisdiction. The Court emphasized that statutory bodies like the Panchayat Samiti enjoy wide 'incidental power,' which includes everything calculated to facilitate or is conducive or incidental to the discharge of their functions. The Court cited authoritative texts and precedents to support this view, including the principle laid down by Lord Selborne in Attorney General v. Great Eastern Railway, which states that incidental or consequential powers should not be narrowly construed as ultra vires unless expressly prohibited. Issue 2: Absence of Specific Rules The High Court had previously held that the Panchayat Samiti's power was confined to making provisions for sanitation, health, and hygiene in the market area, as outlined in rr. 7, 8, and 9 of the West Bengal Panchayat (Samiti Administration) Rules, 1984. The Supreme Court found this view manifestly erroneous, stating that the absence of specific rules does not detract from the substantive power conferred by the statute. The Court clarified that the essence and content of the power u/s 117 of the Act is the issuance of a licence for holding a hat or fair, which inherently includes the power to specify a day for such events. The Court concluded that the High Court failed to appreciate that the power to grant a licence necessarily carries with it the power to regulate the manner in which the event is conducted, including specifying the day. Conclusion: The Supreme Court reversed the judgment of the High Court, holding that the Panchayat Samiti has the incidental or consequential power to specify a day for holding a hat or fair u/s 117 of the West Bengal Panchayat Act, 1973. The appeal was allowed, and the writ petition was dismissed. No costs were awarded.
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