NAGIYA SULTANA MAZUMDER Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. P.N. Goswami, learned counsel, assisted by Mr. K.P. Pathak, learned counsel for the appellants and Mr. M. Nath, learned Standing Counsel, Panchayat and Rural Development Department, Government of Assam, for respondent Nos.1, 3, 4 and 5. Also heard Ms. M. Bhattacharjee, learned Government Advocate Assam, for respondent No.2 and Dr. B. Ahmed, learned counsel for respondent No.7. The interest of the respondent No.6, President of Sonai Anchalik Panchayat can be said to have been taken care of by the other official respondents.

(2.) The present appeal arises out of the order passed by the learned Single Judge on 15.10.2020 in Review Petition No.91/2020. In order to appreciate the facts in issue in proper perspective, it would be necessary to go back to the original order dated 08.09.2020 passed in WP(C) No.3411/2020 out of which the aforesaid review petition arose.

(3.) Wp(C) No.3411/2020 was filed by the present respondent No.7 who was at the relevant time the President of Sonabarighat Gaon Panchayat, Cachar. While serving as such, some of the Members of the Gaon Panchayat, 9 (nine) in number (appellants herein) had submitted a requisition letter to the President of the aforesaid Gaon Panchayat requesting for convening a special meeting under Section 15(1) of the Assam Panchayat Act, 1994 (for short, the "Act") to consider a resolution of no confidence against the President, the respondent No.7. The said requisition was submitted on 03.07.2020. However, as no action was taken by the President of the Panchayat, the Secretary of the Sonabarighat Gaon Panchayat approached the President of Sonai Anchalik Panchayat on 20.07.2020 for fixing a date of the special meeting as the President of the Gaon Panchayat failed to fix a date within the stipulated period. Since the President of the Anchalik Panchayat also did not act upon the request for convening a special meeting for moving the confidence motion against the President of the Gaon Panchayat, the office of the Deputy Commissioner, Cachar was moved for doing the needful. Accordingly, the office of the Assistant Commissioner issued a notice on 17.08.2020 convening a special meeting on 21.08.2020 at 2 pm to consider the no confidence motion against the President of Sonabarighat Gaon Panchayat. Accordingly, the said meeting was held on 21.08.2020 and the motion was carried through with 9 (nine) in support and 1 (one) against it. Thus, the motion of no confidence was passed by more than 2/3rd votes of the Gaon Panchayat as communicated by the Chief Executive Officer, Cachar Zilla Parishad.