LAWS(GAU)-2011-3-14

MANSER ALI Vs. STATE OF ASSAM

Decided On March 24, 2011
MANSER ALI Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) HEARD Mr. AM Mazumdar, learned Senior counsel, assisted by Mr. R Ali, Advocate, appearing for the petitioner. Also heard Ms. VL Singh, learned State counsel, appearing for respondent Nos.1, 2, 3 and 4 and Ms. SB Choudhury, learned counsel appearing for respondent Nos. 7 to 14 as well as Mr. AR Sikdar, learned counsel on behalf of respondent No.6. None appeared on behalf of respondent No.5 despite service of notice.

(2.) THE petitioner herein who is the elected President of 61 No. Lachanga Gaon Panchayat, Lachanga under 2 No. Rupshi Anchalik Panchayat has questioned the legality and validity of the notice of no confidence issued by eight (8) members of the Lachanga Gaon Panchayat and subsequent order issued dated 19.11.2010 by the President, Rupshi Anchalik Panchayat, Kalgachia whereby special meeting of no confidence was fixed on 23.11.2010. This court on 22.11.2010 while issuing notice of motion making it returnable within 3 weeks, passed an interim order to the following effect, "in the interim, if any resolution of No Confidence is adopted in the meeting to be held on 23.11.2010, the same should not be given effect to until the next returnable date".

(3.) AS prayed for by learned counsel appearing for the parties and considering the issue involved, The case is taken up for disposal as the affidavit-in- opposition has been exchanged and the record has been produced. Accordingly the case is heard at length. Now the decision and reason thereof.