ALSUMA BEGUM Vs. RENUJA KHATUN PATOWARY

JUDGEMENT

(1.) Heard Mr. S. C. Biswas, learned counsel for the appellant as well as Mr. B. K. Sarma, learned counsel for respondent no. 1; Mr. M. Nath, learned Standing counsel, Panchayat and Rural Development Department, representing respondent nos. 2 and 4 as well as Mr. T. C. Chutia, learned Additional Senior Government Advocate, Assam, representing respondent no. 2.

(2.) This writ appeal is filed by the appellant against an order dated 01.12.2020, passed by the learned Single Judge in I.A. (Civil) 1496/2020 dismissing the said Interlocutory Application which was filed by the appellant for vacating the interim order dated 31.8.2020, passed in WP(C) 3291/2020, by which an order dated 10.08.2020 passed by the Deputy Commissioner, Hojai, giving charge of the President of the Doboka Gaon Panchayat to the respondent no. 4 (i.e. writ appellant) had been stayed until further orders.

(3.) The brief facts of the case are that the writ petitioner (present respondent no. 1) was elected as the President of Doboka Gaon Panchayat in the district of Hojai. The writ appellant before this court was the Vice-President of the said Gaon Panchayat. The President (i.e. writ petitioner) was removed from office by a resolution adopted on 08.07.2020 by the Members of the Gaon Panchayat in a No-Confidence Motion moved against him. After removal the President from office, the Vice-President of the Gaon Panchayat (i.e. writ appellant) was given the charge of President by an order dated 10.08.2020 passed by the Deputy Commissioner, Hojai. This order of the Deputy Commissioner was challenged by the ousted President (present respondent no. 1) before the learned Single Judge in WP(C) 3291/2020. The case of the writ petitioner before the learned Single Judge was that as per Sub-Section 2(c) of the amended Section 111 of the Assam Panchayat Act, 2018 (hereinafter referred to as "Panchayat Act"), which was amended by insertion of Sub-Section (2), one of the essential qualifications for holding the post of President of a Gaon Panchayat is that one must have passed HSLC or its equivalent examination and since the respondent no. 4 (i.e. writ appellant) had read only up to Class VI she does not possess the necessary qualification for the post of President of the Gaon Panchayat. Sub-Section (2) of the amended Section 111 of the Panchayat Act reads as under: