LUTHFA BEGUM LASKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M.H. Laskar, learned counsel for the appellant. Also heard Mr. K. Konwar, learned Standing Counsel, Panchayat and Rural Development Department for the respondent Nos. 1,3,4,5 and 6; Ms. M. Bhattacharjee, learned Additional Senior Government Advocate, Assam for the respondent No. 2 as well as Mr. S.K. Talukdar, learned counsel for the respondent Nos. 7 to 14.

(2.) The core issue in the present proceedings relates to the No Confidence Motion brought against the appellant as the President of Sonabarighat Gaon Panchayat in Cachar District. The appellant was elected as the President of Sonabarighat Gaon Panchayat pursuant to the panchayat election held in the year 2018. On 3/7/2020, a requisition notice was submitted by the respondent Nos. 7 to 14 for holding a special meeting under Sec. 15 of the Assam Panchayat Act, 1994 (for short, hereinafter referred to as 'the Act of 1994') for moving a No Confidence Motion against the appellant. On 21/8/2020, a Resolution of No Confidence Motion was passed against the appellant. The appellant being aggrieved, approached this Court by filing a writ petition being WP(C) No. 3411/2020, assailing the Resolution dtd. 21/8/2020. The learned Single Judge by order dtd. 8/9/2020, disposed of the writ petition at the motion stage in view of the submission made on behalf of the respondent Nos. 9 to 17 that they desire to withdraw the Resolution dtd. 21/8/2020, whereby the appellant was removed from the post of President of Sonabarighat Gaon Panchayat, Silchar. In view of such submission, the learned Single Judge closed the writ petition by accepting the contention of the counsel for the respondents and declared the Resolution dtd. 21/8/2020 to be null and void. The learned Single Judge also observed that since the Resolution has not been defeated, but it has not been pressed upon by the respondents resulting in its withdrawal, the respondent Nos. 9 to 17 are entitled to proceed in any manner as they may be advised under the law against the appellant/writ petitioner.

(3.) The private respondents submitted another requisition on 14/9/2020 for convening a special meeting under Sec. 15 of the Act of 1994 for moving a No Confidence Motion against the appellant. The said notice was received by the appellant on 21/9/2020. It was the case of the appellant before the learned Single Judge that in view of the bar contained in the second proviso to Sec. 15 of the Act, the appellant sought for legal advice.