KAMRUL ISLAM LASKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M. Choudhury, learned senior counsel for the appellant and Mr. R. Dhar, learned Additional Senior Government Advocate for respondent nos. 1 to 4. Also heard Mr. B. Sinha, learned counsel for respondent nos. 7 to 14.

(2.) This intra-court appeal in presented against the Order dated 14.07.2017 passed in WP(C) 752/2017.

(3.) The appellant/writ petitioner, who was the President of Chiporsangan Gaon Panchayat, district Hailakandi, was made to face proceeding under Section 15 of the Assam Panchayat Act, 1994 when a requisition was submitted by 8 members of the Gaon Panchayat expressing want of confidence in him. By the said requisition, the Secretary of the Gaon Panchayat was requested to hold a special meeting in that regard. On receipt of the said requisition dated 27.12.2016, the same was placed before the appellant by the Secretary on 29.12.2016 seeking approval for convening the meeting. As no meeting could be convened within the prescribed period of fifteen days, the Secretary referred the matter to the President of the concerned Anchalik Panchayat vide letter dated 19.01.2017. The motion of no-confidence brought against the appellant was discussed in the meeting of 27.01.2017, held under the aegis of the Anchalik Panchayat, and the Motion was passed on the basis of secret ballots. Although by virtue of Section 15(1) of the Assam Panchayat Act, 1994, the appellant stood to have vacated his office forthwith when the resolution expressing want of confidence in him was passed, however, he continued in office on the strength of the interim Order dated 10.02.2017 passed in the related writ petition.