HARMILA BEGUM Vs. RUHUL AMIN

JUDGEMENT

(1.) These two appeals take an exception to the judgment and final order dtd. 7/2/2023 rendered by the learned Single Judge in WP (C) No.6971/2022 (Ruhul Amin Vs. State of Assam and Ors.), whereby the writ petition under article 226 of the Constitution of India preferred by the writ petitioner (appellant in Writ Appeal No.72/2023), was accepted.

(2.) The appellant in Writ Appeal No.72/2023, namely, Ruhul Amin, is the elected President of Anipur Gaon Panchayat. The appellants in the connected Writ Appeal No. 106/2023 are the 9 (nine) Ward Members (respondent Nos.8 to 16 in the writ petition), who introduced a noconfidence motion against the appellant in Writ Appeal No.72/2023, who is the elected President of the said Gaon Panchayat. It is the claim of the appellant Ruhul Amin that he was assaulted and was hospitalized from 23/9/2022 to 1/10/2022 and thus, no steps pursuant to receiving the requisition notice under Sec. 15(1) of the Assam Panchayat Act, 1994 (hereinafter referred to as "1994 Act") dtd. 26/9/2022 could be taken. Thereafter, the Secretary of the Gaon Panchayat referred the matter to the Anchalik Panchayat in accordance with the provisions as contained in Sec. 15(1) of the 1994 Act. The meeting at the Anchalik Panchayat was convened on 17/10/2022 and the motion was carried through.

(3.) The appellant Ruhul Amin filed the writ petition, being, WP(C) 6971/2022 alleging inter alia that the requisition notice dtd. 26/9/2022 was never brought to his knowledge by the Secretary of the Gaon Panchayat.