PADMINI SINGHA Vs. STATE OF ASSAM & OTHERS

JUDGEMENT

(1.) On 30.01.2014, the appellant along with seven members of Masughat Gaon Panchayat submitted a No Confidence Motion against the President, respondent no. 6 herein, and for requisition of a special meeting to prove the majority of Gaon Panchayat President as per Section 15(1) of the Assam Panchayat Act, 1994 (for brevity, "the Act"). On 15.02.2014, the Secretary, Masughat Gaon Panchayat forwarded the said requisition to the President, Borkhola Anchalik Panchayat stating therein that the matter had already been put up before the President, Masughat Gaon Panchayat on 07.02.2014 for taking necessary action but she asked to wait due to some legal complications. Since the stipulated period of calling a special meeting was over, the petition was being referred for taking necessary action as per provisions of the Act. By virtue of letter dated 26.02.2014, the Block Development Officer (BDO), Borkhola Development Block referred the matter to the Deputy Commissioner, Cachar, Silchar stating that he had already put the matter before the President of the concerned Panchayat on 20.02.2014; that she stated to wait and that since the stipulated period for calling a special meeting was over, the matter was being referred to him for taking necessary action as per the Act.

(2.) On 17.03.2014, the Additional Deputy Commissioner, Cachar, Silchar sent a communication to the BDO, Borkhola Development Block which is as follows:-

(3.) In compliance of the above communication, on 21.03.2014, the BDO wrote to the President, Masughat Gaon Panchayat informing her to attend the special meeting of No Confidence to be convened on 31.03.2014 at 12:30 p.m. in the office of the BDO. On 31.03.2014, the meeting was presided over by BDO. In the meeting, nine members cast their votes in favour of the No Confidence Motion and one member cast vote against the No Confidence Motion. Thus, the President, respondent no. 6 herein, lost her Presidentship and the Vice President, appellant herein, was directed to function as incharge President of the concerned Panchayat for the time being.