JITEN SAIKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The petitioner No. 1 herein, the President of Machkhowa Anchalik Panchayat, Dhemaji, and another elected member, the petitioner No.2, have approached this Court for restraining the respondents from passing or giving effect to any resolution of No Confidence against the petitioner No. 1 in a meeting proposed to be held on 27.5.2003. It is submitted at the Bar that during the pendency of the proceedings the petitioner No.2 has expired.

(2.) I have heard Mr. KN Choudhury, learned senior counsel for the petitioner, Ms R. Chakravorty, learned GA, Assam as well as Mr. NC Das, learned senior counsel and Mr. AM Buzarbaruah, Advocate for respondent Nos 4,5 and 6.

(3.) The bare facts are that petitioner No. 1 was elected as the President of the aforesaid Anchalik Panchayat on 24.3.2003. While he was functioning as such the respondent Nos 4,5 and 6 who are also the elected members of the said Anchalik Panchayat, with a view to a bring No Confidence Motion approached the respondent No.2, the President, Dhemaji Zila Parishad. Notice was issued on 20.5.2003 by the Executive Officer, Dhemaji Zila Parishad, convening a meeting to consider No Confidence Motion against the petitioner No.1 under section 43 (1) of the Assam Panchayat Act, 1994 (hereinafter referred to as, the Act). The petitioner No. 1 claims that a meeting was held where the allegations brought against him could not be established. Though the matter ought to have rested there, by WT message dated 23.5.2003 another emergent meeting was convened on 27.5.2003 to discuss the same issue. It was at that stage, that the petitioners approached this Court. By order dated 27.5.2003, this Court issued Notice of Motion and in the interim directed that the decision, if any, taken in the meeting held on 27.5.2003 should not be given effect to without the leave of this Court. The petitioner No. 1, therefore, continues in the office of the President till date.