ABDUL MALIK Vs. STATE OF ASSAM

JUDGEMENT

(1.) The President of Pub-Mangaldoi Anchalik Panchayat (in short the Anchalik Panchayat) has filed this writ petition challenging the notice dated 19.03.2010 issued by the Chief Executive Officer (In-Charge) of Darrang Zilla Parishad (in short the Zilla Parishad) informing the writ Petitioner that a special meeting has been convened on 29.03.2010 at 11 A.M. in the office of the Anchalik Panchayat to discuss the no confidence motion brought against him by few members of the Anchalik Panchayat.

(2.) 7(seven), out of 11(eleven) directly elected members of the Anchalik Panchayat submitted a notice on 26.02.2010 expressing want of confidence on the writ Petitioner, pursuant to which the Chief Executive Officer (In-Charge) of the Zilla Parishad issued the impugned notice dated 19.03.2010 informing the writ Petitioner and other members of the Anchalik Panchayat about convening the special meeting on 29.03.2010 to discuss the no confidence motion brought against the writ Petitioner. The writ Petitioner, thereafter, on 20.03.2010 filed a representation before the Director of Panchayat and Rural Development, praying for a direction to the Chief Executive Officer of the Zilla Parishad to cancel the aforesaid notice. Since no action has been taken, the Petitioner filed the present writ petition challenging the said notice. Vide order dated 24.03.2010 this Court while issuing notice of motion directed the Director of Panchayat and Rural Development to consider and dispose of the aforesaid representation of the writ Petitioner dated 20.03.2010, on or before 29.03.2010, i.e. the date fixed for holding the special meeting. An interim order was also passed directing that till such disposal, the impugned notice dated 19.03.2010 shall not be acted upon. The Commissioner of Panchayat and Rural Development, thereafter, vide order dated 06.03.2010 rejected the representation dated 20.03.2010 filed by the writ Petitioner. The special meeting of the Anchalik Panchayat was accordingly held on the date fixed i.e. on 29.03.2010, wherein a resolution has been adopted by 7 members present expressing want of confidence on the writ Petitioner. A further resolution was also adopted for allowing the Vice-President, the Respondent No. 7 to act as the President of the Anchalik Panchayat temporarily. The fact of adoption of such resolution by the Anchalik Panchayat has been brought to the notice of the Court by the writ Petitioner by filing the application, registered and numbered as Misc. Case No. 2202/2010, praying for setting aside the said proceeding dated 29.03.2010. A Single Bench of this Court, thereafter, vide order dated 01.04.2010 has directed not to act upon the result of the said meeting dated 29.03.2010. Hence apart from the notice dated 19.03.2010 issued by the Chief Executive Officer (In-Charge) of the Anchalik Panchayat, the proceeding dated 29.03.2010 of the Anchalik Panchayat expressing want of confidence on the writ Petitioner, has also been challenged in the present proceeding.

(3.) I have heard Mr. A.M. Mazumdar, learned Sr. counsel for the Petitioner, Mr. G. Soren, learned State counsel appearing for the State Respondent Nos. 1, 2, 3 and 6, Mr. H.R.A. Choudhury, learned Sr. counsel appearing for the Respondent Nos. 4 and 5 and Mr. G.N. Sahewalla, learned Sr. counsel appearing for the Respondent No. 7.