SULEMAN ALI Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) The challenge made in this writ petition is in respect of no confidence motion passed against the Petitioner and thereby removing him as the President of Anchalik Panchayat, and all consequential orders thereto.

(2.) The Petitioner was elected as member of Kapily Anchalik Panchayat. Such election was in the month of December 2001. Subsequently, in April 2002, the Petitioner was elected as President of the Anchalik Panchayat. As per the averments made in the writ petition, some members of the Anchalik Panchayat by their notice dated 9.7.2003 addressed to the Deputy Commissioner (D.C.). Morigaon expressed their no -confidence on the Petitioner. The notice was forwarded by the Respondent No. 4 (the President, Morigaon Zila Parishad) to the Respondent No. 5 (the Chief Executive Officer, Morigaon Zila Parishad). On the basis of the notice, the Respondent No. 5 by his order dated 24.7.2003 asked the Respondent No. 6 (Executive Officer, Kapily Anchalik Panchayat) to specially convene meeting in respect of no confidence motion and to dispose of the matter.

(3.) Raising a grievance against such action against the Petitioner, he moved this Court by filing the writ petition being W.P.(C) No. 6286/03. An order was passed on 22.8.2003 by which it was provided that the D.C., Morigaon would not take any action on the basis of the aforesaid letters dated 24.7.2003 and 9.7.2003. However, it was also provided that no -confidence motion, if any, moved by the members of the Anchalik Panchayat should be processed strictly in accordance with the provisions of Assam Panchayat Act, 1994.