FAKRUN NESSA CHOUDHURY Vs. STATE OF ASSAM

JUDGEMENT

(1.) In the present writ petition, the petitioner has challenged the "No Confidence Motion" moved against her on 7.8.2010 for removal from the post of President of the BB Gaon Panchayat in Hailakandi District, Assam on the grounds, inter alia, that the said motion was not carried by the required two-third majority of the total number of members of the Gaon Panchayat and also that the proper procedure for removal of the President of the Gaon Panchayat as prescribed under the Assam Panchayat Act, 1994 (hereinafter referred to as the "Act") was not followed.

(2.) The petitioner was the directly elected President of the BB Gaon Panchayat, Hailakandi Assam. On 18.2.2010, 8 (eight) members of the Gaon Panchayat submitted an application for moving a "No Confidence Motion" against the petitioner. Since the authorities under the Act, did not take any steps with regard to the aforesaid application for No Confidence Motion against the petitioner, said eight members, who are impleaded as private Respondents herein, filed a writ petition before this Court being, W.P.(C) No.1953/2010 for a direction to the official respondents to convene a meeting for consideration of the No Confidence Motion proposed against the petitioner in terms of the notice submitted on 18.2.2010. This Court by an order dated 25.6.2010 was pleased to dispose of the said writ petition with a direction to the official respondents to convene a meeting to consider the said No Confidence Motion as per section 15 of the Assam Panchayat Act, 1994. The Court also directed the official respondents to do the needful as expeditiously as possible and to adhere to the time limit fixed as far as possible.

(3.) On receipt of a copy of the aforesaid order dated 25.6.2010 passed in W.P(C) No.1953/2010, the Deputy Commissioner, Hailakandi, instructed the Secretary of the BB Gaon Panchayat to take actions strictly as per the order of the Court. Thereafter, the Secretary of the Gaon Panchayat wrote to the Block Development Officer, Hailakandi, informing him that as the President of the Gaon Panchayat did not fix the date, time and venue to move No Confidence Motion inspite of the file being put up to him and also as the file was not returned, the matter was forwarded to the Block Development Officer, Hailakandi for necessary action in terms of the directions issued by the Deputy Commissioner in accordance with the order dated 25.6.2010 passed in this Court in W.P(C) No.1953/2010.