NOSIR AHMED MAZUMDER Vs. STATE OF ASSAM

JUDGEMENT

(1.) The writ Petitioner was duly elected as President of the Chandipur G.P. under the territorial jurisdiction of Algapur Anchalik Panchayat in the district of Hailakandi in the panchayat election held on 26.2.2008. While he was holding the office, the Petitioner was removed by the impugned resolution of the Chandipur Gaon Panchayat held on 7.11.2009 expressing no confidence by 8 members of the Panchayat in terms of the provisions of Section 15 of the Assam Panchayat Act, 1994. The decision making process adopted by the Panchayat expressing no confidence against the Petitioner held on 7.11.2009 and the manner and method of holding the meeting has been challenged in this writ petition, seeking judicial review thereof.

(2.) I have heard Mr. P. Pathak, learned senior counsel assisted by S.K. Medhi advocate for the Petitioner. Also heard Mr. H.R.A. Choudhury, the learned senior counsel assisted by Mr. J.I. Borbhuiya, advocate appearing for the Respondent No. 5, Dr. B. Ahmed, learned Counsel appearing for the Respondent Nos. 10 to 14, Mr. T.J. Mahanta, learned Counsel appearing for the Respondent Nos. 6 to 9 and Mrs. V.L. Sinha, learned Addl. Senior Government Advocate for the state Respondents.

(3.) While the Petitioner was functioning as elected President of the Chandipur G.P., 8 members of the Panchayat submitted certain allegations against him and expressed their no confidence against the Petitioner to hold the office of the President. Upon receipt of the requisition the Secretary of the Panchayat having brought it to the notice of the Petitioner as President, the Petitioner instructed the Secretary to convene a special meeting to discuss the no confidence motion against him on 23.9.2009. Accordingly the meeting was convened. However, just on the previous day from of the date fixed for holding the meeting to discuss the no confidence issue, the Deputy Commissioner-cum-District Magistrate of the District issued an order dated 22.9.2009 suspending forthwith the no confidence meeting scheduled to be held on 23.9.2009 fixed the meeting on 7.10.2009 in the Conference Hall of the Zilla Parishad, a venue other than the earlier scheduled. The said order also discloses that such action has been taken by the District Magistrate on perusal of the letter from the S.P. Hailakandi and on examination and consideration of all aspects and on the request of the S.P., Hailankandi to change the date and venue of the meeting. Upon receipt of the order the Petitioner, on the same day, submitted an application before the Deputy Commissioner objecting the decision and requested him to allow to hold the no confidence meeting on the place and date as scheduled on 23.9.2009 in the office of the Panchayat. It is specifically stated by the Petitioner that no such situation as indicated by the S.P. for postponement of the date and change of the venue of the meeting has arisen. However no action on the prayer made by the Petitioner having been taken by the Deputy Commissioner, the meeting was held on 7.10.1999 to discuss the no confidence motion on the venue fixed by the Deputy Commissioner, i.e., in the office of the Conference Hall of the Zilla Parishad. In the said meeting the 8 members present alleged to have voted against the Petitioner and the Vice-President of the G.P. presided over the meeting. In the said meeting the no confidence motion was carried out against the Petitioner. Challenging the said decision token in the meeting held on 7.11.2009, the present Writ Petition has been filed.