SALIM UDDIN LASKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) The writ petition under Article 226 of the Constitution of India has been instituted by the petitioner primarily assailing the proceedings, initiated originally by a requisition notice dtd. 5/9/2022 submitted by 9 [nine] nos. of Ward Members of Borbond Gaon Panchayat, District - Hailakandi, in its entirely, which proceedings had ultimately culminated in a special meeting held, on 29/11/2022, in the office of the Lala Anchalik Panchayat with the passing of a motion of no confidence against the petitioner. In the special meeting held on 29/11/2022, the alleged motion of no confidence initiated against the petitioner for the purpose of removing him from the office of the President, Borbond Gaon Panchayat was stated to have been passed with more than two-third majority since 9 [nine] nos. of Ward Members of Borbond Gaon Panchayat, out of the total 10 [ten] Ward Members, voted against the petitioner in the process of secret ballots. The petitioner has also prayed for a direction in the nature of mandamus to direct the respondent authorities to allow the petitioner to continue as the President, Borbond Gaon Panchayat.

(2.) The background events which have led the petitioner to institute the writ petition can be, briefly, narrated as follows :-

(3.) I have heard Mr. S. Muktar, learned counsel for the petitioner; Mr. N.K. Dev Nath, learned Standing Counsel, Panchayat and Rural Development [P&RD] Department for the respondent nos. 1, 2, 4, 5, 6 and 7; Ms. M. Barman, learned Junior Government Advocate, Assam for the respondent no. 3; and Ms. S.B. Choudhury, learned counsel for the respondent nos. 8 - 16.