AKABBAR ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.S. Choudhury, learned senior counsel assisted by Mr. B. Islam, learned Counsel for the Petitioner as well as Mr. G.N. Sahewalla, learned senior counsel assisted by Ms. J. Borah, learned Counsel representing the Respondent Nos. 8 to 14. I have also heard Ms. R. Chakraborty, learned Addl. Senior Government Advocate, Assam.

(2.) The Petitioner, who was the elected President of the Abhoypukhuri Gaon Panchayat, has filed this writ petition assailing the legality and/ or validity of the No Confidence Motion passed against him in the meeting held on 15.10.2009 as per the requisition for the said meeting placed vide Annexure-3 letter dated 7.10.2009.

(3.) According to the Petitioner, the No Confidence Motion notice was issued on 8.9.2009 signed by seven members out of ten. Admittedly, the Petitioner did not convene any meeting, which was required to be convened within 15 days as per the provisions of Section 15 of the Assam Panchayat Act, 1994. Thereafter, by operation of the provisions of said Section 15 of the Act, the Secretary of the Gaon Panchayat, referred the matter to the President of the jurisdictional Anchalik Panchayat, who in turn, convened the meeting to discuss the No Confidence Motion. According to the Petitioner, there was failure on the part of the Secretary of the Gaon Panchayat to refer the matter to the jurisdictional Anchalik Panchayat within 3 days and consequently, there was also failure to convene the meeting to discuss the No Confidence Motion within the time limit prescribed in Section 15 of the Act.