KAMRAN PASHA CHOUDHURY Vs. STATE OF ASSAM

JUDGEMENT

(1.) This writ appeal is directed against the order dtd. 9/8/2021 passed by the learned Single Judge in W.P(C) No. 3333/2021. By the impugned order, the writ petition filed by the appellant assailing the order dtd. 18/5/2021, removing him as President of 35 no. Baghan Gaon Panchayat under Lowairpoa Anchalik Panchayat, was dismissed by the learned Single Judge.

(2.) The appellant was the President of 35 No. Baghan Gaon Panchayat under Lowairpoa Anchalik Panchayat in the District of Karimganj. On 22/1/2021, eight (8) members of Gaon Panchayat filed a requisition for a special meeting for no confidence motion against the appellant before the Secretary of the Gaon Panchayat. It is the submission of the appellant that the Secretary of the Gaon Panchayat forwarded the requisition dtd. 22/1/2021 to the President, Lowairpoa Anchalik Panchayat on 15/2/2021 without informing the President, of the 35 No. Baghan Gaon Panchayat namely the appellant herein. Thereafter, the President, Lowairpoa Anchalik Panchayat issued notice dtd. 17/2/2021 informing that 22/2/2021 was the date fixed of the meeting for no confidence motion against the appellant. In terms of the notice issued by the Lowairpoa Anchalik Panchayat, the special meeting was convened and held on 22/2/2021 whereby, no confidence motion against the appellant was moved and adopted. Thereafter, vide the order dtd. 15/5/2021, the appellant was removed as President of Lowairpoa Anchalik Panchayat. It is the submission of the learned counsel for the appellant that such procedure adopted by the Secretary, Lowairpoa Anchalik Panchayat and the President, Lowairpoa Anchalik Panchayat is in complete violation of the provisions of Sec. 15 of the Assam Panchayat Act, 1994 and the Rules made thereunder. Being aggrieved, the writ petition was preferred.

(3.) The learned Single Judge upon due consideration of the entire matter, dismissed the writ petition. Being aggrieved, the present appeal has been filed on the following grounds: