MUSST. BADRUN NEHAR LASKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. R Dubey, the learned counsel for the writ petitioner as well as Mr. C K S Baruah, the learned State counsel, who appears for the State respondents and Mr. N Haque, the learned counsel for the private respondents.

(2.) The case of the petitioner is that she is the elected President of Bhatirkupa Gaon Panchayat in Hailakandi within the territorial limits of Hailakandi Anchalik Panchayat. On 16.09.2014, 7 members of the Gaon Panchayat concerned submitted an application to the Secretary of the Gaon Pachayat for holding a special meeting for discussion on the no confidence motion against the petitioner (Annexure-3). The said application was communicated by the Secretary of the Gaon Panchayat to the petitioner on the same day (Annexure-4). However, since the special meeting could not be convened within the prescribed 15 days period as per Section 15(1) of the Assam Panchayat Act, 1994 (hereafter the Panchayat Act, for short), the Secretary of the Gaon Panchayat referred the matter to the President, Hailakandi Anchalik Panchayat vide communication dated 07.10.2014 (Annexure-5). Accordingly, a meeting notice was issued by the Secretary and Executive Officer of Hailakandi Anchalik Panchayat on 13.10.2014 (Annexure-6) fixing 22.10.2014 as the date for the special meeting on the no confidence motion.

(3.) On 22.10.2014, when the special meeting was held, a resolution was passed in which it was recorded that one of the member of the Panchayat (respondent No. 14) had tendered his resignation while the said member denied having submitted such resignation, the matter along with the documents relating to no confidence motion was forwarded to the Deputy Commissioner of Hailakandi through the Block Development Officer (BDO). As was resolved, the BDO forwarded a copy of the meeting minutes to the Deputy Commissioner, Hailakandi on 22.10.2014 (Annexure-8).