NIBHA PATHAK Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. S.B. Choudhury, learned counsel for the petitioner and Mr. N.K. Dev Nath, learned counsel for the respondents No. 1 to 4, being the authorities under the P&RD of the Government of Assam. Also heard Mr. H. Sarma, learned Addl. Senior Government Advocate for the respondents No. 5 and 10, respectively being the Deputy Commissioner, Barpeta and the Block Development Officer, Bhawanipur Development Block and Mr. M. Sarania, learned counsel for the private respondents No. 6 to 9 being the members of the No. 9 Pub Paka Gaon Panchayat.

(2.) The petitioner is the President of No. 9 Pub Paka Gaon Panchayat under the Bhawanipur Anchalik Panchayat. Eight members of the said Gaon Panchayat made a requisition for a special meeting of No-Confidence on 24/1/2022 under Sec. 15(1) of the Assam Panchayat Act, 1994 (for short 'the Act of 1994'). A stand is taken that subsequently two of the members out of the eight who had given requisition for the special meeting had withdrawn as per the letter dtd. 21/3/2022. Be that as it may, as the petitioner President did not approve the convening of the said special meeting for No-Confidence, the Secretary of the No. 9 Pub Paka Gaon Panchayat by his communication dtd. 8/2/2022 requested the President of the Barpeta Anchalik Panchayat to convene the meeting.

(3.) Accordingly, the President of Barpeta Anchalik Panchayat by the letter dtd. 9/2/2022 made to the President of No. 9 Pub Paka Gaon Panchayat and its Vice President and other members informed that the special meeting for NoConfidence had been fixed on 14/2/2022. By another communication dtd. 11/2/2022, the Executive Officer, Barpeta Anchalik Panchayat made to the Executive Officer, Bhawanipur Anchalik Panchayat informed that in the meantime, the No. 9 Pub Paka Gaon Panchayat had been transferred to be under the Bhawanipur Anchalik Panchayat and accordingly, requested that appropriate steps be taken for convening the special meeting for No-Confidence inasmuch as, the Barpeta Anchalik Panchayat would be unable to hold the meeting on 14/2/2022 as fixed earlier.