REZNA BEGUM BARBHUIYA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE legality and/or validity of the notice dated 28/3/2005 issued by the Block Development Officer, Katlicherra Development Block cum Ex-officio Secretary of the Katlicherra Anchalik Panchayat (hereafter referred to as the Anchalik Panchayat) and the proceedings of the meeting held on 2. 4. 2005 adopting a resolution of "no confidence" against the petitioner is under challenge.

(2.) I have heard Mr. HRA Choudhury, Sr. Advocate for the petitioner, Ms. R. Chakraborty, learned State Counsel for the official respondents and Mr. S. K. Medhi, Advocate for the respondent No. 10.

(3.) THE facts in brief are that the petitioner was duly elected as the President of the No. 2 Sahabad Gaon Panchayat (hereafter referred to as the Gaon Panchayat ). The respondent No. 10 is the Vice President of the said Gaon Panchayat. On 27. 1. 2005, seven members of the Gaon Panchayat addressed a communication to the petitioner levelling charges against her and requested her to convene a meeting to discuss the issue of no confidence against her. A no action was taken thereon, the signatories issued a reminder on 7. 2. 2005 to the Secretary of Gaon Panchayat asking him to take necessary steps to convene the meeting within three days of the receipt thereof or to forward the communication to the Block Development Officer, Katlicherra Development Block, (hereafter referred to as the BDO) in accordance with the provisions of the Assam Panchayat Act, 1994, (hereafter referred to as the Act ).