MOHAMMAD HARUN ALI RASHID Vs. STATE OF ASSAM

JUDGEMENT

(1.) The present civil rule has been filed by Md. Harun Al Rashid praying for a writ of certiorari quashing the directions contained in W.T. Message dated 11-10-1994 (Annexure-XII) issued by the Deputy Commissioner, Marigaon District and notice dated 11-10-1994 (AnnexureXVIII) issued by the Executive Officer, Moirabari Development Block (respondent-3). It has also been prayed that the notice of motion of no confidence should be set aside and quashed and that the respondents be restrained from holding motion of no confidence.

(2.) We have heard Mr. D. N. Choudhury, Senior counsel appearing for the petitioner Md Harun Ali Rashid; and Mr. A.R. Barthakur, Senior counsel appearing for the contesing respondents.

(3.) Mr. D. N. Choudhury, counsel appearing for the petitioner has urged that under Section 43 of the Assam Panchayati Raj Act, 1994 (for brevity, 'the Act'), the Deputy Commissioner has got no authority to convene a meeting of no confidence as being sought to be done in pursuance of the impugned W.T. message. It has not been disputed before us that requisite motion of no confidence signed by the requisite members has been given against the petitioner who happens to be the President of the concerned Anchalik Panchayat and it has also been conceded that uptil now the President has not given his approval for holding the aforesaid meeting as is contemplated under Section 43 of the Act.