REHENA KHATUN Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant writ petition has been filed by the Petitioner for a Writ of Certiorari to set aside and quash the impugned letter dtd. 14/6/2021 issued by the Respondent No.6, the Secretary of the 64 No. Tapeswara Gaon Panchayat referring the matter to the President, Ruposhi Anchalik Panchayat for holding the special meeting to discuss No-Confidence Motion against the Petitioner; for setting aside and quashing the impugned letter dtd. 15/6/2021 issued by the Executive Officer, Ruposhi Anchalik Panchayat for holding the special meeting to discuss No-Confidence Motion against the Petitioner; for setting aside and quashing the impugned resolution dtd. 21/6/2021 adopted in the special meeting expressing No-Confidence Motion against the Petitioner and to allow the Petitioner to work as the President of the said Gaon Panchayat.

(2.) The facts as could be discerned from a perusal of the writ petition is that the Petitioner was directly elected as the President of 64 No. Tapeswara Gaon Panchayat (for short referred to as the 'Gaon Panchayat in question') in the district of Barpeta, Assam. It was alleged in the writ petition that some members of the Gaon Panchayat in question in collusion with the Secretary of the Gaon Panchayat in question had hatched conspiracy to oust the Petitioner. On 21/6/2021, the Petitioner received a letter from the Executive Officer of Ruposhi Anchalik Panchayat regarding a special meeting held on 21/6/2021 to discuss the No-Confidence Motion against the Petitioner and the Petitioner was requested to submit her explanation within 3 (three) days against the said resolution.

(3.) Thereupon the Petitioner made enquiries and could come to learn that the Secretary of the Gaon Panchayat in question had informed that 7 (seven) numbers of members of the Gaon Panchayat in question had submitted a letter dtd. 28/5/2021 for holding a special meeting to discuss No-Confidence Motion against the Petitioner alleging that they have no confidence due to some activities. The Petitioner could further come to learn that the Secretary had tried to serve the letter by office notice but could not serve the letter and as such after the expiry of 15 (fifteen) days from the date of receipt of the letter, the Secretary referred the matter to the Ruposhi Anchalik Panchayat on 14/6/2021 for necessary action. It was also stated in the writ petition that the Executive Officer of the Ruposhi Anchalik Panchayat was not authorized by the Assam Panchayat Act, 1994 (for short 'the Act of 1994') to issue a Notice on 15/6/2021 for holding the special meeting to be held on 21/6/2021. It was further alleged that on the basis of the Notice issued by the Executive Officer of the Ruposhi Anchalik Panchayat dtd. 15/6/2021, a special meeting was convened and held on 21/6/2021 in the office of the Ruposhi Anchalik Panchayat and a resolution was adopted on 21/6/2021 expressing no-confidence against the Petitioner.