SHAMBU RABIDAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant writ petition has been filed by the Petitioner challenging the No-Confidence Resolution dtd. 26/6/2023, whereby in the special meeting which was convened a resolution of no-confidence was passed against the Petitioner. It reveals from the record that this Court vide an order dtd. 28/7/2023 had issued Notice and in the interim had stayed the Resolution dtd. 26/6/2023 held in the special meeting of 14 Nos. Rangirghat Gaon Panchayat as well as also the communication dtd. 26/6/2023 issued by the Executive Officer, Sonai Anchalik Panchayat to the Deputy Commissioner, Cachar till the next date. The said interim order so passed on 28/7/2023 was directed to be continued vide an order dtd. 28/8/2023 and the same is in operation. This Court further finds it relevant to take note of that the private Respondents i.e. Respondent Nos.9 to 17 have also filed an application seeking vacation of the order dtd. 28/7/2023.

(2.) Mr. K.P. Pathak, learned counsel appearing on behalf of the private Respondents submits that the contents of the said interlocutory application be treated as the affidavit-in-opposition of the private Respondents. In the backdrop of the above, let this Court therefore take into consideration the brief facts as well as the issues involved herein.

(3.) The case of the Petitioner as could be seen from a perusal of the writ petition is that the Petitioner was elected as the President of the Rangirghat Gaon Panchayat (for short referred to as "the Gaon Panchayat in question"). It was mentioned in the writ petition that 6 (six) numbers of members of the Gaon Panchayat in question had submitted a requisition notice before the Executive Officer, Sonai Anchalik Panchayat and the Development Block on 9/6/2023 for convening a special meeting of No-Confidence Motion against the Petitioner. It is relevant to take note of that the said requisition notice dtd. 9/6/2023 has been enclosed to the writ petition as Annexure-1.