RUKIA KHATUN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Choudhury, learned counsel for the petitioner. Also heard Mr. B.J. Ghosh, learned State Counsel. I have also heard Mr. D.C. Borah, learned counsel representing respondent Nos. 8 to 15. By means of this writ petition, the petitioner, who is the President of Gaglamari Gaon Panchayat in the district of Morigaon, has challenged the No Confidence Motion that has been brought against her. Be it stated here that Gaon Panchayat consists of 10 Members out of which 8 have brought the No Confidence Motion against the petitioner.

(2.) According to the petitioner, the No Confidence Motion initiated vide the requisition dated 18.11.2013 having been defeated, the members i.e. the private respondents are precluded from bringing another No Confidence Motion vide the aforesaid requisition dated 21.11.2013. In this connection, Mr. A. Choudhury, learned counsel for the petitioner has referred to the provisions of Section 15 of the Assam Panchayat Act, 1994, more particularly the second proviso to Section 15(5).

(3.) On the other hand, Mr. D.C. Borah, learned counsel for the private respondents referring to the stand taken in MC 494/2014 by which vacation of the interim order dated 11.12.2013 has been prayed for, submits that the petitioner herself being responsible for non-holding of the special meeting cannot take the plea that the first No Confidence Motion got defeated by efflux of time.