HIFJUR RAHMAN LASKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) The writ petition under Article 226 of the Constitution of India has been instituted by the petitioner assailing the Minutes of a special meeting held, at 02-30 p.m. on 12/1/2023, in the office of Algapur Anchalik Panchayat to discuss a motion of no confidence brought against the petitioner as the President of No. 1 North Narainpur Gaon Panchayat on the basis of a requisition notice submitted by 9 [nine] nos. of Ward Members on 2/6/2022 expressing want of confidence in the petitioner to continue as the President of No. 1 North Narainpur Gaon Panchayat and requesting the respondent no. 6 i.e. the Secretary, No. 1 North Narainpur Gaon Panchayat to convene a special meeting. The petitioner has also sought for a direction in the nature of mandamus to the respondent authorities to reinstate the petitioner as the President of No. 1 North Narainpur Gaon Panchayat and to allow him to exercise all the powers and to perform all the functions and duties of the President of North Narainpur Gaon Panchayat.

(2.) At the inception, it is apt to mention that there are several rounds of previous litigations as regards the matter of no confidence motion subsequent to submission of the requisition notice dtd. 2/6/2022 and it appears necessary to have a narration on the sequence of events that took place on and from 2/6/2022 up to 12/1/2023.

(3.) In the General Panchayat Election held in the year 2018, the petitioner contested for the post of President of No. 1 North Narainpur Gaon Panchayat. In the General Panchayat Election so held, the petitioner got elected to the post of President of No. 1 North Narainpur Gaon Panchayat [hereinafter also referred as 'the Gaon Panchayat', at places, for convenience] as per the provisions of Sec. 6[1][b] of the Assam Panchayat Act, 1994, as amended. In the said General Panchayat Election, the respondent nos. 7 - 15 also got themselves elected as Ward Members of the Goan Panchayat. Apart from the respondent nos. 7 - 15, there is another Ward Member who also got elected as a Ward Member from one of the 10 [ten] Wards under the Gaon Panchayat. No. 1 North Narainpur Gaon Panchayat consists of 10 nos. of Ward Members. After the Election, the respondent no. 15 got elected as the Vice-President of the Gaon Panchayat in terms of the provisions of Sec. 6[3] of the Assam Panchayat Act, 1994, as amended.