USHA BARUA Vs. STATE OF TRIUPURA & OTHERS

JUDGEMENT

(1.) These three appeals are being disposed of by a common judgment since the issues involved are the same and they all arise out of one judgment of a learned Single Judge of this Court delivered in WP(C) 287 of 2012, WP(C) 408 of 2012, WP(C) 409 of 2012 and WP(C) 446 of 2012 dated 10-01-2014 whereby he dismissed the writ petitions filed by the present petitioners (appellants herein).

(2.) The undisputed facts are that the appellants herein were elected as members of Fatikroy Gram Panchayat as members of the Indian National Congress (for short, INC). At the time when the election took place, out of the 12 (twelve) members elected to the Gram Panchayat, 8(eight) including the appellants belonged to the INC and 4(four) belonged to the Communist Party of India (Marxist) [for short, CPI(M)]. Thereafter, Suprava Nag and Subhash Datta of the INC (private respondent nos. 7 and 6 respectively) were elected as Pradhan and Upa-Pradhan of the Panchayat.

(3.) On 19th March, 2012, 4(four) members of the Panchayat issued a notice under the Tripura Panchayats (Election of Office Bearers) Rules, 1994 (for short, Rules of 1994) expressing no confidence against the Pradhan and Upa-Pradhan of the Panchayat on various charges. The District Panchayat Officer on receipt of the said notice convened two meetings of the Panchayat on 07-04-2012 for consideration of the no confidence motion against the Pradhan and the Upa-Pradhan. These meetings were fixed at 11 a.m. and 1 p.m. respectively. The Panchayat Extension Officer, Kumarghat was directed to preside over the meetings. On 05-04-2012, the District Panchayat Officer received two Whips whereby every member of the Panchayat elected as candidate of INC was directed to cast vote against the no confidence motions. The District Panchayat Officer thereafter sent a letter on 05-04-2012 to the Panchayat Extension Officer along with the Whips requesting him to bring those Whips to the notice of the members of the Fatikroy Gram Panchayat belonging to the INC.