RANJAN GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Shri P. D. Nair, learned counsel for the petitioner who is aggrieved by a Resolution dtd. 18/12/2020 by which a No Confidence Motion has been passed by which the petitioner was the President of the Kothalguri Gaon Panchayat has been removed. It is the case of the petitioner that in the said meeting the voting pattern is 6-0. Apart from alleging a number of procedural infirmities, the learned counsel submits that on the issue of the requirement of votes in favour of the no confidence itself, this writ petition deserves to be allowed.

(2.) Bereft of details, the basic facts of the case are that in the election for the No. 2 Kothalguri Gaon Panchayat held in December, 2018, the petitioner was elected as the President and the tenure is upto 2023. It is the case of the petitioner that he is a victim of conspiracy and a requisition letter dtd. 25/11/2020 was issued for holding a meeting for no confidence motion against him. The petitioner alleged that the said requisition was received by him on 11/12/2020 that too through the police in spite of the fact that he was regularly attending the office. The mandatory period of 15 days was not adhered to and even prior to that, the President of the Anchalik Panchayat was requested by the Secretary of the concerned Gaon Panchayat to convene the meeting which was accordingly held on 18/12/2020. As stated above, the motion of no confidence was passed with the voting pattern 6-0.

(3.) Shri Nair, the learned counsel for the petitioner by referring to the impugned Resolution dtd. 18/12/2020 submits that the votes against the petitioner would not be adequate in accordance with the requirement under the law laid down in the Assam Panchyat Act. By specifically referring to Sec. 15 of the said Act, the learned counsel submits that the requirement to pass a no confidence motion against the President is 2/3 of the total members which according to the learned counsel has to be 7. In this connection, the learned counsel for the petitioner relies upon decision of this Court render in Subhamai Borah Vs State of Assam and Ors. reported in (2018) 2CLR 378 as well as Fakrun Nessa Choudhury Vs State of Assam and Ors. reported in (2012) 5 CLR 28.