AMINUL HOQUE Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M. U. Mondal, learned counsel for the petitioner. Also heard Mr. K. Gogoi, learned State Counsel for the respondent Nos. 1, 4 and 5, Mr. S. Dutta, learned Standing Counsel for the P&RD Department representing the respondent Nos. 2, 3, 6, 9 and 10 and Mr. J. Abedin, learned counsel for the respondent Nos. 11 to 18.

(2.) The present petitioner was the President of 94 Dubachuri Gaon Panchayat. Being aggrieved by a letter dtd. 19/12/2020, by which a "No Confidence Motion" was requisition by the 8 (eight) members of the Gaon Panchayat, preferred a writ petition being WP(C) No. 190/2021. The further challenge made in the said writ petition was another letter dtd. 6/1/2021 by way of which, the Secretary of the Gaon Panchayat had referred the matter of "No Confidence Motion" to the President of Nayer Alga Anchalik Panchayat for holding a special meeting. It was further prayed for setting aside the resolution dtd. 8/1/2021, by which the "No Confidence Motion" was passed in the said meeting held on 8/1/2021.

(3.) The basic ground of challenge of the said resolution was that Sec. 15 (2) of the Assam Panchayat Act, 1994 was violated. This Court by its order dtd. 5/3/2021 held that delivery of notice for requisition of meeting is mandatory under Sec. 15(2) of the Assam Panchayat Act, 1994 and non compliance of such mandatory provision and any resolution thereafter is nonest in the eye of law. In view of such finding, this Court set aside the impugned resolution, impugned in WP (C) No. 190/2021. While setting aside, on agreement of the contesting parties, this Court passed the following further order: