DEEPALI MORANG Vs. STATE OF ASSAM

JUDGEMENT

(1.) The writ petitioners are the President and Vice President of Golaghat West Zila Parishad. They have assailed the legality and validity of Annexure-IV and V letters dated 04.07.2003 and 07.07.2003. By letter dated 04.07.2003, the Deputy Commissioner, Golaghat intimated the Commissioner and Secretary, Panchayat and Rural Development Department, Assam about the no confidence motion passed against the petitioners and requested to fill up the vacancies and by letter dated 07.07.2003, the ChiefExecutive Officer, Golaghat Zila Parishad requested the Executive Officer-cum-Secretary, Golaghat West Anchalik Panchayat to approach the Golaghat Zila Parishad for running the function of the Anchalik Panchayat.

(2.) As per the facts narrated in the writ petition, the petitioners were elected as President and Vice-President of the aforesaid Anchalik Panchayat on 6.4.2002. There are altogether nineteen (19) Executive members of the AnchalikPanchayat. The petitioners could come to know through a news item appeared in the issue of Assamese Daily "Amar Asom" dated 25.6.2003 that by letter dated 2.6.2003, some of the Executive Members informed the Deputy Commissioner, Golaghat and the Chief Executive Officer, Golaghat Zila Parishad, Golaghat regarding certain allegations levelled against the petitioners.

(3.) Referring to the provisions of the Assam Panchayat Act, 1994, it is the case of the petitioners that as required under the law, for moving a no confidence motion against the President and Vice President, a request is to be made to the President of the Zila Parishad, but in the instant case, no such request was made towards passing any no confidence motion against the petitioners, who are the President and Vice-President respectively of the Anchalik Panchayat. It is the further case of the petitioners that they were not given any opportunity in the matter of passing the impugned no confidence motion and there was no approval of the petitioner No.1, the President of the Anchalik Panchayat. According to the petitioners, no such meeting was held towards passing the impugned no confidence motion against the petitioners. According to them, the letter dated 2.6.2003 was issued by some disgruntled Executive members of the Panchayat. Apprehending action as per the said letter dated 2.6.2003, the petitioners approached this Court by filing a writ petition which was registered and numbered as W.P No. 4524/2003. The writ petition was disposed by order dated 17.6.2003 directing the Executive Officer, Golaghat West Anchalik Panchayat not to take any action against the writ petitioners except in due course of law.