ABDUL KAYAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. P. Upadhaya, learned counsel for the petitioner, Mr. K C Mahanta, learned State counsel appearing for the official respondents including Respondent No. 4, the Secretary, Diju Gaon Panchayat (for short the GP') as well as Mr. BD Konwar, learned counsel appearing for the newly impleaded respondents No. 6 to 12 vide order dated 28.3.05 passed in Misc. Case No. 145/05 in. this writ petition.

(2.) The legality and correctness of the proceeding of the meeting held on 12.11.04 under the Chairmanship of the Vice-President of the Naowboicha Anchalik Panchayat (for short 'the AP) of Nawboicha Development Block, adopting the no confidence motion against the petitioner for his removal as President of the GP, has been assailed in this writ petition on the sole ground that the Vice President of the AP is not authorized under Section 15 of the Assam Panchayat Act, 1994 (for short, 'the Act') to convene and preside over the meeting of the concerned AP to adopt a no confidence motion for removal of the President of GP when the Act empowers the President only to convene and preside over the meeting of the AP.

(3.) For the sake of convenience, the relevant provision of Section 15 of the Act may be quoted as under: