NUR HUSSAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) The petitioner has instituted this writ petition under Article 226 of the Constitution of India assailing - [i] a requisition notice dtd. 7/12/2020; [ii] an impugned letter dtd. 24/12/2020 issued by the respondent no. 6; and [iii] for setting aside and quashing of a resolution stated to have been adopted in a special meeting, held on 30/12/2020, expressing no confidence against the petitioner to continue as the President of 79 no. Kadong Gaon Panchayat by requisite two-third majority of total number of members of the said Gaon Panchayat.

(2.) In the Panchayat General Election, the petitioner came to be directly elected for the post of President of 79 no. Kadong Gaon Panchayat ['the Gaon Panchayat', for short], District - Barpeta under the jurisdiction of Mandia Anchalik Panchayat and Barpeta Zilla Parishad in terms of Sec. 6[1][b] of the Assam Panchayat Act, 1994 ['the Panchayat Act', for short]. On 7/12/2020, 7 [seven] nos. of Ward Members of the Gaon Panchayat submitted a requisition notice to the respondent no. 6 i.e. the Secretary of the Gaon Panchayat wherein they expressed no confidence against the petitioner to continue as the President of the Gaon Panchayat and sought for convening a special meeting to discuss the motion of no confidence. On 24/12/2020, the respondent no. 6 referred the requisition notice to the President of Mandia Anchalik Panchayat stating inter alia that the petitioner as the President of the Gaon Panchayat did not accord his approval to convene the special meeting within the period of 15 [fifteen] days. On 28/12/2020, the Executive Officer of Mandia Anchalik Panchayat issued notices to the President i.e. the petitioner; the Vice-President; and all Ward Members of the Gaon Panchayat intimating that a special meeting, as per the direction of the President of Mandia Anchalik Panchayat, had been convened at 02-00 p.m., 30/12/2020 at the Auditorium of Mandia Anchalik Panchayat to discuss the motion of no confidence initiated against the petitioner by the requisition notice dtd. 7/12/2020. The petitioner was thereby requested to attend the special meeting. The said special meeting, as scheduled by the notice dtd. 28/12/2020, was accordingly held on 30/10/2020 under the Chairmanship of the President of the Mandia Anchalik Panchayat. As per the resolution of the special meeting, the motion of no confidence was held to have been passed against the petitioner.

(3.) Assailing the aforesaid actions, the petitioner has approached this Court by the instant writ petition seeking inter alia the reliefs, indicated above.