JUNMONI KACHARI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. T. J. Mahanta, the learned senior counsel assisted by Mr. A. Baruah, the learned counsel for the petitioner and Mr. N. K. Debnath, the learned counsel appearing on behalf of the P&RD Department as well as Mr. A. K. Gupta, the learned counsel appearing on behalf of the respondent Nos.7, 9 to 13 and 16 to 18.

(2.) The instant writ petition was filed challenging the special meeting held on 21/6/2021 in pursuance to the letter No.GGP/OL/21-22 dtd. 19/6/2021 issued by the Secretary, Golai Gaon Panchayat as well as the Resolution dtd. 21/6/2021 passed in the special meeting dtd. 21/6/2021 expressing No-confidence against the petitioner as President, No.1 Golai Gaon Panchayat, Dibrugarh, Tinsukia.

(3.) A perusal of the materials on record shows that the grievance of the petitioner who was the President of the Golai Gaon Panchayat in question primarily was that the mandate as required under Sec. 18 (5) of the Assam Panchayat Act, 1994 (for short, 'the Act of 1994') of holding a No-confidence motion through secret ballot was not carried out for which the Resolution so adopted is liable to the interfered with.