KARUN KANTI MALAKAR Vs. NOSIR AHMED MAZUMDAR

JUDGEMENT

(1.) Heard Mr. A.K. Goswami, learned senior counsel for the Appellant, Mr. P. Pathak, learned Counsel for Respondent No. 1 and Mrs. B. Goyal, learned State Counsel for Respondent Nos. 2 to 5. None for Respondent Nos. 6 to 9.

(2.) The Appellant being aggrieved by the order dated 20.5.2010 passed in WP(C) 5402/2009 by a learned Single Judge of this Court setting aside the resolution of No Confidence Motion taken against the Respondent No. 1 have come to this Court with a submission that the order passed by the learned Single Judge is patently bad, illegal and deserves to be set aside.

(3.) The short facts necessary for disposal of the present writ appeal are that number of the persons as required under the law moved a No Confidence Motion against the sitting President of the Gaon Panchayat. After receiving the said Motion, the said President fixed the meeting on 23.9.2009 for consideration of the Motion. However, on a report by the Superintendent of Police of the area, the Deputy Commissioner issued an order on 22.9.2009 on the ground of law and order situation cancelled the meeting which was to be held on 23.9.2009 and directed that the meeting would be convened on 7.10.2009 in the Conference Hall of Zila Parishad, the venue other than the venue so scheduled. On 7.10.2009, as many as 8 (eight) persons attended the meeting and as the resolution says all the 8 (eight) persons conceded to No Confidence Motion.