ALEYA KHATUN Vs. STATE OF ASSAM

JUDGEMENT

(1.) The controversy arises out of the process for no confidence motion initiated against the President of Anipur Gaon Panchayat (for short 'Panchayat'). The writ petition No. WP(C) No. 1795/2004 and WP(C) No 2307/2004 were filed by the Preside Anipur Gaon Panchayat and the members of the Anipur Gaon Panchayat who initiated the move being aggrieved by the interference made by the Chief Executive Officer, Karimganj Zilla Parishad (for short 'Zilla Parishad) have filed WP(C) No. 3085/2004. This Court by order dated 30.3.2004 has stayed the process which is sought to be vacated by an application registered as MC No 1800/2004. As the issues are common, the petitioners were heard together and are being disposed of by this common judgment.

(2.) I have heard Mr GK Bhattacharjee, Senior Advocate assisted by Mr. M.H.R. Bhuiyan, Advocate for the petitioner in WP(C) Nos 1795/2004 and 2307/2004 and Dr. B. Ahmed, Advocate for the petitioner in WP(C) No 3085/2004. Mr. KC Mahanta, GA, Assam, for the official respondents was heard.

(3.) The facts lying in a short compass are that on 25.2.2004 the respondent members of the Panchayat submitted a requisition with its Secretary requesting him to convene a meeting for moving a no confidence motion against the President, Ms Aleya Khatun. As she failed to convene the meeting as requested, the Secretary of the Panchayat referred the matter to the Incharge President of Dullarveherra Anchalik Panchayat (hereinafter referred to as the "Anchalik Panchayat") on 11.3.2004. On the instructions of the said authority, the incharge Executive Officer and the Ex-of Ecio Secretary of the Anchalik Panchayat issued notice on 19.3.2004 fixing the meeting on 26.3.2004.