DIPALI TALUKDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) The writ petition poses a challenge to the notice dated 25.8.2003 whereby a requisition was said to be made for convening a special meeting of Uparhali Gaon Panchayat (hereinafter referred to as the 'Panchayat') for discussing the issue of no confidence against the petitioner, the process consequent thereto and the resolution dated 23.9.2003 to remove him from the office of the President of the Panchayat.

(2.) This Court, while issuing notice of motion on 30.9.2003, had in the interim, restrained the respondent No. 2 from granting approval to the resolution dated 23.9.2003. The petitioner, as a result, claims to continue as the President of the Panchayat. The Respondent Nos. 10 to 17, the members thereof, have filed an application for vacaling the interim direction and the aforementioned Mrsc. case has been registered on the basis thereof. Both, the writ petition and the Misc. case were heard together and are being disposed of by this common judgment and order.

(3.) I have heard Mr. H.N. Sarma, Senior Advocate assisted by Mr. B. Ullah, advocate for the petitioner, Mr. B. Choudhury, learned Addl. Sr. GA, Assam for the official respondents and Mr. N.C. Das, Senior Advocate assisted by Mr. P.C. Deka, Advocate for the Respondent Nos. 10 to 17.