DEWAN MUSHARAF HUSSAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. MK Choudhury learned senior counsel for the petitioner assisted by Mr.S.H. Sikdar, learned counsel for the petitioner. Mr. A Roy, learned counsel for the respondent Nos.1, 2, 4, 6 and 7 and Mr. B Deuri, learned Junior Govt. Advocate appearing for respondent Nos.2 and 3 and Mr. R Ali, learned counsel appearing on behalf of respondent Nos.8 to 17.

(2.) The instant writ petition has been filed assailing the resolution dtd. 17/7/2021 by which a resolution of no confidence was passed against the petitioner as well the letter dtd. 30/7/2021 whereby the Executive Officer, Pakabetbari Anchalik Panchayat permitted the Vice President of 39 No. Madhya Betbari Gaon Panchayat to take over the charge of the President immediately and to inform compliance.

(3.) The brief facts of the instant case is that the petitioner was elected as President of 39 No. Madhya Betbari Gaon Panchayat under Pakabetbari Anchali Panchayat in the district of Barpeta, Assam in the year 2018. On 12/4/2021, ten numbers of members of 39 No. Madhya Betbari Gaon Panchayat made a requisition before the Secretary of the Gaon Panchayat leveling certain allegations against the petitioner who was the then President of 39 No. Madhya Betbari Gaon Panchayat and accordingly sought to convene the special meeting to express no confidence motion against the petitioner.