ABDUL KHALIQUE Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. Biswas, learned counsel for the petitioner. Also heard Mr. T. C. Chutia, learned State counsel, appearing for respondent Nos. 1, 2, 2(1), 3, 4, 5 and 6, as well as Mr. Gias Uddin, learned counsel, appearing for respondent Nos. 7 to 15.

(2.) The case projected in the writ petition is that the writ petitioner was elected as President of No. 48 Latu-Sajpur Gaon Panchayat (hereinafter referred to as 'Gaon Panchayat') and he was issued a certificate of election by the Deputy Commissioner cum Returning Officer, Karimganj, on 20.02.2013. A requisition notice dated 07.09.2015, under Section 15(1) of the Assam Panchayat, Act, 1994 (for short, 'the Act'), signed by nine members of the said Gaon Panchayat was served upon the Secretary for convening a meeting to discuss a no-confidence motion brought against the petitioner. As no meeting was convened, the Secretary referred the matter to the President of the North Karimganj Anchalik Panchayat (hereinafter referred to as 'Anc-halik Panchayat'), on 22.09.2015, requesting him to convene a special meeting for discussion on the no-confidence motion. The petitioner made a representation to the Deputy Commissioner, Karimganj, alleging that the respondent Nos. 6 to 15 had hatched a conspiracy to remove him from the office of the President of the Gaon Panchayat. As no action was taken on the said representation, the petitioner approached this Court by filing a writ petition, which was registered and numbered as WP(C) 6210/2015. By order dated 08.10.2015, the writ petition was dismissed at the motion stage holding that no case was made out by the petitioner for stalling the no-confidence motion. The President of the Anchalik Panchayat, on 30.09.2015, convened a special meeting on 09.10.2015, at 11-30 A.M. to discuss and decide the no-confidence motion brought against the petitioner. But the President of the Anchalik Panchayat re-fixed the date for holding a special meeting on 14.10.2015. Incorporating the aforesaid development, the Executive Officer of the Anchalik Panchayat (respondent No. 5) addressed a letter, dated 09.10.2015, to the Deputy Commissioner, Karimganj. The Deputy Commissioner, Karimganj, convened a special meeting on 16.10.2015 to discuss the no-confidence motion and addressed a letter dated 13.10.2015 to Circle Officer, Karimganj Circle, intimating him about the same and also empowering him to preside over the meeting and directing him to take necessary steps for conducting the special meeting. On that very date, the Circle Officer issued a notice informing that a special meeting for discussing the no-confidence motion against the petitioner would be held on 16.10.2015, at 11-30 A.M. in his office. The meeting was accordingly held on 16.10.2015 and the same was presided over by the Circle Officer. In the meeting, voting by way of secret ballot was resorted in accordance with the Section 18(5) of the Act. On counting of votes, it was found that nine members had voted in favour of the motion and, accordingly, resolution was adopted expressing no-confidence against the petitioner.

(3.) Respondent No. 2 had filed affidavit. Joint affidavit was also filed by respondent Nos. 2(1) and 5. In the affidavit of respondent No. 2, it is averred that the special meeting for deciding the no-confidence motion was held on 16.10.2015 in terms of the directions issued by the Deputy Commissioner, Karimganj, and, in such meeting, voting was held by secret ballot and nine members voted in favour of the motion. In the affidavit of respondent Nos. 2(1) and 5, it is averred that on 08.09.2015, the Secretary of the Panchayat had put up a note to the petitioner to fix up a date and time for convening a special meeting for discussing the no-confidence motion but the President of the Panchayat did not accord approval for holding the meeting. Thereafter, the Secretary of the Panchayat forwarded the matter to the President of the Anchalik Pancayat vide his letter dated 22.09.2015 and, consequently, the President of the Anchalik Panchayat gave his approval to hold a special meeting on 30.09.2015 and, accordingly, notice was issued on 30.09.2015 by fixing the date of the special meeting on 09.10.15. However, on the date of the meeting, the President of the Anchalik Panchayat submitted a letter, addressed to the Executive Officer, North Karimganj Anchalik Panchayat, stating that he would not be able to attend the meeting due to his sudden illness and, accordingly, re-fixing the date for the meeting on 14.10.2015. In such circumstances, the Executive Officer of the Anchalik Panchayat informed the matter to the Deputy Commissioner, Karimganj, vide his letter dated 09.10.2015. A special meeting was convened by the Deputy Commissioner, Karimganj, on 16.10.2015, under the presidentship of the Circle Officer. It is also stated that the Secretary of the Gaon Panc-hayat had addressed a letter dated 9.10.15 to the Deputy Commissioner, Karimganj, enclosing a petition submitted by nine members of the Panchayat informing that the meeting had not been convened at the office of the Anchalik Panchayat and the President had re-fixed the meeting on 14.10.15. In the aforesaid circumstances, both the Secretary of the Panc-hayat as well as the Executive Officer, North Karimganj Anchalik Panchayat, without waiting till 14.10.2015, informed the Deputy Commissioner, Karimganj, vide their respective letters about the aforesaid developments and, thereafter, the Deputy Commissioner convened a meeting on 16.10.2015 for considering and deciding the no-confidence motion.