DIPALI DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. I. Choudhury, learned counsel for the petitioner as well as Mr. H.R.A. Choudhury, learned senior counsel assisted by Mr. J. Abedin, learned counsel appearing for the respondent Nos. 7 to 13. I have also heard Ms. R. Chakraborty, learned State counsel.

(2.) THE petitioner who is the President of Pathorighat Gaon Panchayat has filed this writ petition challenging the legality and validity of the no-confidence motion adopted against her on 14.05.2010 as a consequence of which she is to immediately vacate the office of the President of Gaon Panchayat. Upon a reference to the provision of Section 15 of the Assam Panchayat Act, 1994, it is the case of the petitioner that the no-confidence motion having been passed in gross violation of the procedure laid down therein, the no-confidence motion resolution adopted against her in the meeting held on 14.05.2010 is not sustainable in law.

(3.) ACCORDING to the petitioner, since in the aforesaid meeting dated 31.08.09 the no-confidence motion could not be passed against her as per the proviso to Section 15(1), the no-confidence motion was lost and accordingly no such motion can be permitted to be moved in the next six months. The said proviso provides that when no-confidence motion is lost, no such motion shall be allowed in the next six months.