HARUN ALI RASHID Vs. STATE OF ASSAM

JUDGEMENT

(1.) This Misc. case has been filed to vacate, modify the order dated 17.10.94 passed by this court in C.R. No. 4239/94. The stay order dated 17.9.94 reads as follows:

(2.) Annexure-X in the writ application is a notice signed by 30 members of Moirabari Anchalik Panchayat. Moirabari, District Morigaon, Assam regarding no confidence motion against the President. That was a notice under Sections 43 (1) and 43 (3) of the Assam Panchayat Raj Act, 1994 to convene a meeting to move the no confidence motion. The grounds of no confidence are stated in this notice which are 16 in numbers. Annexure-XII is W.T. Message dated 1. 10.94 which was endorsed by the Deputy Commissioner. That W.T. Message reads as follows: W.T. Message 11.10.1994. To: Executive Officer and BDO Moirabari Dev. Block. Moirabari. INFO: President Moirabari A.P. From: Depcom Morigaon. No. MDP-11/94/18 dt 11.10.94 (,) Ref your W.T. Message No. MAP-97/94/95/4055 Dt 10.10.94 Regarding no-confidence motion against the President of Moirabari A.P. (.) You are directed to convene a special meeting on 19.10.94 for discussion on non-confidence motion with notice to all Members/President/Vice President indicating the nature of the business to be transacted-as per relevant Act (.) Repeat on 19th October 94 (.) Memo No. ADP.11/94/18(A) Dt 11.10.94. Copy to : The O/C, A.P.R.O. Morigaon P.S. to transmit the above message immediately. Copy in confirmation forwarded to:-

(3.) The Vice President, Moirabari A.P. for information and necessary action. Addl. Deputy Commissioner (D) Morigaon. 11.10.94. Annexure-XVIII is a notice by the Executive Officer, Moirabari Anchalik 'Panchayat conwening a meeting of the Anchalik Panchayat on 19.10.94-to move the no-confidence motion initiated by filing an application signed hy 30 members against the President of the Anchalik Panchayat. 3. This application for modification has been filed by 30 members of the Moirabari Anchalik Panchayat. Annexure-2 to this application for modification is a W.T. Message which reads as follows: