MUMTAZ RANA LASKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. R.P. Sarma, the learned senior counsel for the petitioner, Mr. B. C. Das, learned senior counsel for the respondent Nos. 3, 4 and 5, Mr. S. Dutta, learned counsel assisted by Mr. R. C. Paul for the respondent Nos. 6 to 11 and the learned Government Advocate for the respondent Nos. 1 and 2.

(2.) The matter relates to holding of a meeting to consider the no confidence motion in respect of the President of the Matijuri Paikan Gaon Panchayat, hereinafter, referred as the Panchayat.

(3.) The facts, in brief, are that the petitioner Smti Mumtaz Rana Laskar was the elected President of the said Panchayat which has a total strength of ten elected members. Eight members of the said Panchayat served a requisition notice on 3.8.04 to the Secretary of the Panchayat for convening a special meeting to consider the proposal of no confidence motion against the President. When the matter was before the Secretary, two of the members informed the Secretary intimating their withdrawal from requisition. The Secretary, thereafter put up the matter before the petitioner and the petitioner declined to convene the meeting. The meeting was not convened within 15 days from the date of receipt of notice. The Secretary vide letter dated 26.8.04 referred the matter to the President of Hailakandi A.P. and accordingly the President of the Anchalik Panchayat convened a meeting of the Panchayat on 1.9.04. In the above meeting dated 1.9.04 a no confidence motion was passed and the petitioner was removed from the post.