NOOR NAHAR JIYA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B.K. Mahajan, the learned counsel appearing on behalf of the Petitioner. Mr. A. Roy, learned Standing Counsel, P&RD Department appears on behalf of the Respondent Nos.1, 3, 4 & 6. Mr. K. Gogoi, learned Additional Senior Government Advocate, Assam appears on behalf of the Respondent No.2. Mr. K.N. Choudhury, learned Senior Counsel assisted by Mr. M. Ahmed, learned counsel appears on behalf of the Respondent Nos.7, 8, 11, 13 & 14.

(2.) The instant writ petition has been filed challenging the No- Confidence Motion dated 16.01.2021 whereby no-confidence was expressed against the petitioner, who was elected as the President of No.1 Jorshimalu Gaon Panchayat in the Panchayat Election held in the year 2018. The case of the Petitioner is that the Petitioner on 16.01.2021 came to learn that the Respondent Nos.7 to 14 herein filed a requisition on 24.12.2020 before the Secretary to the No.1 Jorshimalu Gaon Panchayat bringing a No-Confidence-Motion against the President. The petitioner could also come to learn that on 16.01.2021 at 12 noon a No-Confidence-Motion was brought against the petitioner in the Office of the Goroimari Anchalik Panchayat. On the ground that the actions taken by the concerned respondent authorities along with the private respondents to initiate a No-Confidence-Motion against the petitioner was in violation to the mandate of Section 15(1) of the Assam Panchayat Act, 1994 (for short the Act of 1994) the writ petition has been filed by the Petitioner.

(3.) The Respondent No.6 had filed an affidavit-in-opposition wherein at paragraph no.4 it has been mentioned that 8 (eight) Members of the No.1 Jorshimalu Gaon Panchayat submitted a requisition notice dt.24.12.2020 addressed to the Secretary of the Gaon Panchayat expressing their lack of confidence on the Petitioner with a request for convening a Special Meeting. On receipt of the said requisition, the Secretary forwarded the same to the Petitioner at her residence on 28.12.2020 but the same could not be delivered as the Petitioner was not found at her residence. Again on 30.12.2020 the said requisition was sent to the Petitioner and the Petitioner was also not available on that day also. Thereafter on 04.01.2021 the Secretary again forwarded the aforesaid requisition to the Petitioner but the Petitioner was again not available on the said date at her residence and accordingly the office Peon one Sri Amirul Islam hanged the notice of requisition in the wall in front of the house of the Petitioner in presence of 3 (three) witnesses including Gaonburah of Village-Hahchari Fulchan Ali.