ABDUL KUDDUS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. H.R.A. Choudhury, learned Senior learned counsel for the petitioners. Also heard Mr. D. Saikia, learned Additional Advocate General, Assam appearing for the respondent Nos. 1 to 4, 6 and 7 and Mr. B. Gogoi, learned counsel appearing for the respondent No. 8. Despite notice, respondent Nos. 5, 9 and 10 did not enter appearance and consequently, this Court by an order dated 29.08.2011, indicated that the proceeding will proceed ex-parte against them.

(2.) Eight members of Mahguri Gaon Panchayat under Juria Anchalik Panchayat brought a no confidence motion against the President by a requisition notice dated 25.03.2011 and in order to discuss the aforesaid no confidence motion, a special meeting was convened on 18.04.2011.

(3.) Minutes of the proceeding of the special meeting dated 18.04.2011 was signed by Mohammad Abdul Kuddus, Vice-President of the Panchayat who had presided over the meeting. On 19.04.2011, a communication was issued to the Deputy Commissioner, Nagaon by eight requisitionists including Mohammad Abdul Kuddus, stating that the Secretary had incorporated a sentence, which reads "None of the allegations are true", in the proceeding and the same was an act of falsification. It was further indicated that all the allegations brought against the President are correct and, therefore, the Deputy Commissioner, Nagaon was requested to take steps on the no confidence motion brought against the President and to make an enquiry on the falsification done by the Secretary in recording the proceeding. On 19.04.2011, the Secretary of the Gaon Panchayat had forwarded the minutes of the proceeding of the special meeting held on 18.04.2011 for consideration of the no confidence motion to the Executive Officer, Juria Anchalik Panchayat i.e. the respondent No. 6. The respondent No. 6 again convened a meeting of no confidence motion on 21.04.2011, where, however, no business was transacted as the complaint dated 19.04.2011 was pending before the Deputy Commissioner. The Executive Officer, Juria Anchalik Panchayat, thereafter, directed the Secretary of the Gaon Panchayat by letter dated 30.04.2011 to delete the doubtful sentence, i.e. "none of the allegations are true" from me minutes of the proceeding in terms of the opinion of both the parties in the meeting held on 29.04.2011. The respondent No. 6 in his affidavit has stated that the meeting held on 18.04.2011 did not pass any resolution of no confidence motion against the President and that in the meeting convened on 29.04.2011 to discuss the no confidence motion, also, no discussion in that regard took place.