JAHANARA AHMED Vs. STATE OF ASSAM

JUDGEMENT

(1.) The writ petitioner has approached this Court by the writ petition under Article 226 of the Constitution of India inter alia [a] assailing a notice dtd. 10/12/2020 submitted by 8 [eight] Ward Members of 88 No. Baghbar Gaon Panchayat seeking requisition of a special meeting to discuss a motion of no confidence against the petitioner; [b] seeking setting aside of a letter dtd. 28/12/2020 issued by the Secretary, 88 No. Baghbar Gaon Panchayat whereby the matter regarding requisitioning of a special meeting to discuss the motion of no confidence was referred to the President, Mandia Anchalik Panchayat; and [c] seeking setting aside of a resolution adopted in a special meeting held on 2/1/2021 wherein the motion of no confidence was passed against the petitioner.

(2.) The facts which are not in dispute can be stated as follows :In the General Panchayat Election, the petitioner was directly elected as the President of 88 No. Baghbar Gaon Panchayat. On 10/12/2020, a requisition was submitted by 8 nos. of Ward Members of 88 No. Baghbar Gaon Panchayat before the Secretary, 88 No. Baghbar Gaon Panchayat asking him to convene a special meeting to discuss a motion of no confidence against the President i.e. the petitioner.

(3.) There is some dispute in respect of the events occurring between 10/12/2020 and 14/12/2020 which will be referred to in the subsequent part of the order.