JUGAL BORAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) By way of this writ petition, the petitioners seek direction to the Deputy Commissioner, Lakhimpur and the Chief Executive Officer, Lakhimpur Zilla Parishad to accord approval to the resolution of no-confidence dated 27-1 2-2010 adopted against respondent No.5 and to remove the said respondent from the office of President of the Gaon Panchayat.

(2.) The case of the seven petitioners is that they are the elected members of Thou Thuwani Gaon Panchayat (Gaon Panchayat). Respondent No.5 is the President of the Gaon Panchayat and the petitioner No.1 is the Vice President. According to the petitioners, there are serious allegations of corruption and indulging in other illegal activities against the respondent No.5. Accordingly, the petitioners sent a written notice dated 10-12-2010 to the Secretary of the Gaon Panchayat (received on 13-1 2-2010) to convene a meeting of the Gaon Panchayat to discuss noconfidence motion against the respondent No.5.

(3.) Thereafter, the Secretary issued notice dated 20-1 2- 2010 to all members of the Gaon Panchayat informing that a meeting would be held on 27-1 2-2010 at 11AM in the office of the Gaon Panchayat to discuss the no-confidence motion against the respondent No.5. On 27-1 2-2010 when the petitioners went to the office of the Gaon Panchayat to attend the said meeting, they found the respondent No.5 present with clear intent to preside over the meeting. When the petitioners raised objection, the respondent No.5 and two other members created an unruly situation which forced the petitioners to leave the meeting hall. The petitioners thereafter reassembled in a nearby venue at around 12 noon of the same day (27-1 2-2010) and held a meeting, which was presided over by the petitioner No.1 being the Vice - President. In the said meeting, all the seven petitioners were present and they adopted a resolution accepting the no-confidence motion against the respondent No.5 and further resolving to make the petitioner No.1 the President of the Gaon Panchayat. Thereafter, the petitioner No.1 vide letter dated 29-12-2010 forwarded such resolution to the Secretary of the Gaon Panchayat with copies to the Deputy Commissioner, Chief Executive Officer of the Zilla Parishad etc. for necessary follow up action. But no steps were taken by the said authorities. Feeling aggrieved, the petitioners are before the Court.