LUTHFA BEGUM LASKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K.N. Choudhury, learned Senior Counsel assisted by Mr. N.H. Barbhuiya, learned counsel for the petitioner. I have also heard Mr. M. Nath, learned Standing Counsel, P&RD Department, Assam appearing on behalf of the respondent nos.1, 3, 4 and 5 Mr. P.S. Deka, learned Senior Government Advocate appearing on behalf of the respondent no. 2. Mr. A.M.S. Mazumder, learned counsel appears on behalf of the respondent no.6 while Mr. S.K. Talukdar, learned counsel appears on behalf of the respondent nos.7 to 14.

(2.) The brief facts of the instant case is that the petitioner was elected as the President of Sonabarighat Gaon Panchayat under Cachar Disrict during the Panchayat Election 2018. On 3/7/2020 a requisition notice was submitted by the respondent nos.7 to 14 herein for initiating a special meeting under Sec. 15 of the Assam Panchayat Act, 1994 ("the Act of 1994") for no-confidencemotion against the petitioner. On 21/8/2020 a resolution of no-confidencemotion was passed against the petitioner. Being aggrieved, the petitioner filed the writ petition i.e. WP(C) 3411/2020 before this Court challenging the resolution dtd. 21/8/2020. This Court vide an order dtd. 8/9/2020 at the Motion stage disposed of the said writ petition with the following observations :

(3.) In the order dtd. 8/9/2020 as this Court granted the liberty to the respondent nos.9 to 17 therein to proceed in a manner as they may be advised under the law against the writ petitioner, on 14/9/2020 the respondent nos.7 to 14 again submitted a requisition for convening a special meeting under Sec. 15 of the Act of 1994 against the petitioner (the President) for no-confidence motion. Admittedly the said notice was received on 21/9/2020 by the petitioner as could be seen from Annexure-6 to the writ petition. It may also be relevant herein to mention as contended by the petitioner that in view of the order dtd. 8/9/2020 the bar contained in the second Proviso to Sec. 15 of the Act of 1994 would have been applicable and as such sought for legal advice.