SARAT DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE six petitioners before this Court are members of the Bonmajhaa Gaon Panchayat in the district of Darrang. By this application under Article 226 of the Constitution of India, they have challenged the legality and validity of the order dated 26/4/2011 passed by the Additional Deputy Commissioner (Planning), Darrang treating the no confidence resolution dated 21/3/2011 against the respondent No. 5 as having failed for want of 2/3rd majority of the total number of mermbers of the said Gaon Panchayat.

(2.) THE factual details necessary for adjudication of the issue raised may be briefly stated at the very outset.

(3.) THE petitioners have challenged that the respondent No.5 has indulged in corrupt practice because of which they have lost confidence in him. As a result, on 07.03.2011. nine members of the said Gaon Panchayat submitted representation before the Deputy Comissioner, Darrang expressing lack of confidence on the respondent No.5. It is the pleaded case of the petitioners that the said requisition of lack of confidence in the form of the representation dated 07.03.2011 was brought against the respondent No. 5 under the provisions of Section 15(1) of the Assam Panchayat Act, 1994 (briefly "the Act" hereafter). According to the petitioners, on the basis of the respresentation dated 7.3.2011, the authority concerned instructed the Vice President of the said Gaon Panchayat to hold a special meeting in this regard. However, which authority instructed the Vice President to hold such a meeting has not been indicated in the writ petition. Be that as it may, a special meeting of the said Gaon Panchayat was held on 21.03.2011 which was presided over by the Vice President, Sri Bakuli Saharia, who is the petitioner No.2 in the present proceeding. In that meeting, the no confidence motion against the respondent No. 5 was discussed and it was decided to settle the matter through secret voting. As per the secret ballot voting, out of the nine members of the said Gaon Panchayat, six voted in support of the no confidence motion i.e. against the respondent No. 5 and three voted against the no confidence motion i.e. in favour of the respondent No. 5. Stating that out of the 10 (ten) members of said Gaon Panchayat, one member had resigned, leaving the Gaon Panchayat with nine existing members, the said meeting resolved that as six members out of the nine existing members had supported the no confidence motion against the respondent No.5, therefore, the said motion had the backing of 2/3 rd of the members and was accordingly accepted. It was also resolved to allow the Vice President to take charge of the said Gaon Panchayat. A further decision was to inform the matter to the Deputy Commissioner.