HIFJUR RAHMAN LASKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S.B.Laskar, the learned counsel appearing on behalf of the petitioner and Mr. D.Das, the learned senior counsel assisted by Mr. P.K.Deka, the learned counsel appearing on behalf of the respondent Nos.7 to 15. I have also heard Mr. S. Dutta, the learned standing counsel for the Panchayat and Rural Development Department, who appears on behalf of the respondent Nos. 1 3, 4 and 6 and Mr. N. Goswami, the learned counsel appearing for the respondent No. 2.

(2.) Taking into account the order which this Court proposes to pass, the presence of the respondent No. 5 is not considered necessary for the purpose of disposal of the instant writ petition.

(3.) The case of the petitioner herein is that the petitioner was elected as the President of North Narayanpur Gaon Panchyat under Algapur Anchalik Panchayat of Hailakandi Zilla Parishad in the district of Hailakandi. It has been mentioned in the petition that on 2/6/2022 nine members of the Gaon Panchayat had submitted a letter to the Secretary of the Gaon Panchayat with a request to convene a meeting for no confidence motion against the petitioner.The Secretary of the Gaon Panchayat of the North Narayanpur Gaon Panchayat brought the letter dtd. 2/6/2022 into the petitioner' s knowledge on 14/6/2022. The petitioner accordingly had put his comments on the file note to wait so that he could discuss the matter and take necessary steps according to the Assam Panchayat Act, 1994(for short the Panchayat Act ). However, the Secretary of the Gaon Panchayat vide letter dtd. 16/6/2022 referred the matter of no confidence motion to the President of Algapur Anchalik Panchayat. Pursuant thereto, the Algapur Anchalik Panchayat had issued a notice by convening a meeting for no confidence motion against the petitioner on 22/6/2022. Challenging the said action a Wirt Petition i.e. W.P.(C) No. 4178/2022 was filed. In the meantime, the meeting as convened by the Anchalik Panchayat got postponed due to emergent flood situation.