SITA SATNAMI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The petitioner, who was the President of Tokoubari Gaon Panchayat in the district of Sonitpur, has filed this petition challenging the resolution dated 3.8.2009 adopted in the meeting of the Gaon Panchayat expressing want of confidence on her, basically on the ground of violation of the provisions of Section 15 of the Assam Panchayat Act, 1994 ("the Act").

(2.) The facts necessary for the purpose of disposal of the present case are that a notice expressing want of confidence on the petitioner was delivered to the secretary of the Tokoubari Gaon Panchayat on 9.7.2009, on the basis of which the Secretary of Tokoubari Gaon Panchayat on 10.7.2009 prepared a note for placing the same before the petitioner, who was the president of the Tokoubari Gaon Panchayat and accordingly the same was placed before her on 16.7.2009. Since no meeting was convened by the petitioner to discuss the no confidence motion brought against her, the Secretary of the Tokoubari Gaon Panchayat on 27.7.2009 referred the matter to the President of Chaiduar Anchalik Panchayat, within whose jurisdiction Tokoubari Gaon Panchayat falls, who vide order dated 28.7.2009 convened the meeting of Tokoubari Gaon Panchayat to discuss the no confidence motion brought against the petitioner fixing 3.8.2009 as the date for such meeting. The said meeting was attended by the petitioner and the resolution expressing want of confidence on her was adopted by majority of 2/3rd of the total number of members of the said Gaon Panchayat. The petitioner, therefore, was removed from the office of the President of Tokoubari Gaon Panchayat. Hence, the present petition.

(3.) I have heard Mr. P.P. Baruah, the Learned Counsel for the petitioner, Mrs. H.M. Phookan, the Learned State Counsel appearing for the respondent Nos. 1 to 6 as well as Mr. R.P. Sarma, the Learned Senior Counsel appearing for the respondent Nos. 7 to 13.