BULIMA BEGUM Vs. STATE OF ASSAM

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India has been instituted by the petitioner assailing the proceedings of a special meeting held at 11-00 a.m. on 17/9/2022 in the office of Hatidhura Anchalik Panchayat to discuss a motion of no confidence brought against the petitioner as the President of Chotoguma Gaon Panchayat on the basis of a requisition notice submitted by 8 [eight] nos. of Ward Members of Chotoguma Gaon Panchayat on 18/7/2022 expressing want of confidence in the petitioner to continue as the President of Chotoguma Gaon Panchayat and requesting the respondent no. 5 i.e. the Secretary of Chotoguma Gaon Panchayat to convene a special meeting. The petitioner has also sought for directions in the nature of mandamus to the respondent authorities to cancel/withdraw and/or not to give effect to the notice dtd. 14/9/2022 issued by the President of Hatidhura Anchalik Panchayat [the respondent no. 4] and for a direction to allow the petitioner to continue and perform the functions of the President of Chotoguma Gaon Panchayat.

(2.) The sequence of events leading to the institution of the present writ petition can be exposited, in brief, as follows :

(3.) I have heard Mr. B.C. Das, learned Senior Counsel assisted by Mr. D.A. Kaiyum, learned counsel for the petitioner; Mr. S. Dutta, learned Standing Counsel, Panchayat and Rural Development [P&RD] Department for the respondent nos. 1, 3 and 5; Mr. K. Gogoi, learned Additional Senior Government Advocate, Assam for the respondent no. 2; Mr. H. Das, learned counsel for the respondent nos. 4, 16 and 17; Mr. U. K. Nair, learned Senior Counsel assisted by Mr. A.F.N.U. Mollah, learned counsel for the respondent nos. 6, 7, 10, 11, 13 and 15; and Mr. J. Abedin, learned counsel for the respondent nos. 8, 9, 12 and 14.