AKRAM HUSSAIN (MD.) Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Shri D. Nath, learned counsel for the petitioner. Also heard Shri A. Mannaf, learned counsel appearing for the respondent Nos. 6 to 12 and Shri H.K. Hazarika, learned state counsel appearing for the respondent Nos. 1 to 4.

(2.) As per the office note dated 21.9.2016, A/D card had been received back after service upon the respondent No.5, as such, it is construed that the notice has been served on the said respondent. Shri D. Nath, learned counsel for the petitioner submits that the petitioner had also effected the dasti service upon the said respondent No.5.

(3.) The petitioner was elected as the President of the No.2 Hatishala Bhalukabari Gaon Panchayat in the Panchayat Elections held in the year 2012-2013. By the Annexure-3 requisition dated 17.02.2016 signed by the 7 (seven) members of the Gaon Panchayat, a requisition was made for convening a special meeting for discussing the no confidence motion against the President of the Gaon Panch-ayat. As the President of the Gaon Panchayat did not give his approval for the meeting within the required period of 15 (fifteen) days, the Secretary of the Gaon Panchayat by the Annexure-5 letter dated 4.3.2016 referred the matter to the President of Goroimari Anchallik Panchayat for necessary action for convening the required meeting. But as the President of the Anchalik Panchayat did not convene the meeting within the period of 7 days, from the date of receipt of the notice of the Secretary of the Gaon Panchayat, the Secretary by the Annexure-6 letter dated 14.03.2016 referred the matter to the Deputy Commissioner, Kamrup(R). Upon such reference being made, the Addl. Deputy Commissioner, Kamrup(R) by letter dated 16.03.2016 addressed to the Block Development Officer, Goroimari Development Block requested to convene the Gaon Panchayat meeting to discuss the no confidence motion within 7 (seven) days.