KOHINUR DEWAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. MA Sheikh, learned counsel representing the appellant/writ petitioner as well as Mrs. B Goyal, learned counsel representing the State respondents.

(2.) Challenge is made to the order dated 25.1.2016 passed in WP(C) 46/2016. Brief facts appearing is that the appellant while discharging function as the President of Hatipara Gaon Panchayat was confronted with a Requisition Notice submitted by 8 members of the said Gaon Panchayat expressing want of confidence in him. The said Requisition Notice dated 8.12.2015 was made under Section 15(2) of the Assam Panchayat Act, 1994.

(3.) The appellant preferred WP(C) 46/2016 alleging that the said Requisition Notice could not be allowed to be acted upon, inasmuch as, the same did not fulfill the requirements of the provisions under Section 15(2) of the said Act. The pin-pointed plea of the appellant was that Section 15(2) postulates that the Requisition Notice is to be delivered to the President or the Vice President, as the case may be, which however, was not done in the manner so prescribed. According to the appellant/writ petitioner, the said Requisition Notice had only been addressed and delivered to the Secretary of the Gaon Panchayat and not to the petitioner, although the fact of the Requisition Notice had subsequently been brought to the knowledge of the petitioner by the Secretary vide letter dated 14.12.2015.