ALI AHMED MAZUMDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. Banik, learned Counsel for the Appellant/Writ Petitioner and Dr. B. Ahmed, learned Counsel for the private Respondents as well as Mr. P Sen Deka, learned Govt. Advocate, Assam.

(2.) Brief facts of the case are that a Gaon Panchayat Body of ten members, to which the Appellant /writ Petitioner was elected as its President was sought to be removed by way of moving No Confidence Motion against him. Six of its members signed and addressed a letter, better called notice dated 12.7.2008 expressing loss of confidence in him and asking the Panchayat Secretary (Respondent No. 7) to take necessary steps, precisely to convene a special meeting as per provision Under Section 15(1) of the Assam Panchayat Act, 1994 (hereinafter in short, referred to as the "Act"). There was an In-charge Secretary to the Gaon Panchayat (in short G.P. Secretary) who received the notice on 21.7.2008 and placed it before the President (Appellant) for his approval on 25.7.2008, whereupon, the President, on the same day, accorded his approval fixing the date of meeting on 28.7.2008. However, the Secretary vide his note dated 29.7.2008 expressed his inability to convene the meeting due to shortage of time, as according to him, he received the approval only on 28.7.2008 at 11 a.m. and so, he referred the matter to the concerned higher authority, i.e. the President of the Anchalik Panchayat, on 31.7.2008 with a request to convene the meeting at an early date inasmuch as the Appellant as President of the Gaon Panchayat failed to convene the meeting within the period prescribed under the Act. The Appellant tried to convince both the Anchalik Panchayat President and the CEO that he directed the Incharge G.P. Secretary of the Gaon Panchayat to convene the meeting in time and there was no fault or laches on his part necessitating any interference by the Anchalik Panchayat. Not responding to his plea, the Anchalik Panchayat President fixed the date of no-confidence meeting on 5.8.2008. The meeting was accordingly held under the Chairmanship of Anchalik Panchayat President, which was attended by seven members, who voted for the motion and thus it stood passed. The minutes of the meeting was forwarded to and got approval by the Deputy Commissioner, Cachar and consequently the Appellant/Gaon Panchayat President was removed from his office and in his place vice President of the Gaon Panchayat was allowed to perform and discharge all the functions and duties of the President with immediate effect.

(3.) The learned Single Bench on consideration of materials on record and upon hearing the learned Counsel for the parties, recorded the findings in paragraph 10 of the impugned judgment and order as under: