EKTIAR HUSSAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. I. Hussain, learned counsel for the writ petitioners. Also heard Mr. D. Nath, learned Addl. Sr. Govt. Advocate, Assam representing the official respondents. None appears for the private respondents.

(2.) By this order I propose to dispose of two writ petitions raising common question of law and facts.

(3.) The facts giving rise to filing of these writ petitions may be briefly noticed as follows. The writ petitioner in WP(C) No. 4564/15 was elected as the President whereas the petitioner in WP(C) No.5089/2016 was elected as the Vice President of the 3 No. Thakuranbari Gaon Panchayat in the Panchayat elections held in the State during the year 2013. On 30.03.2015, seven members of the Gaon Panchayat had submitted a requisition addressed to the President of the Gaon Panchayat with a request to convene a special meeting to discuss "no confidence motion" brought against him. On the same date, one of the requisitionists, namely, Narayan Das had submitted another application before the Secretary of the Gaon Panchayat withdrawing from the requisition dated 30.3.2015. Thereafter, on 13.04.2015, 8 members had submitted a requisition before the Secretary of the Gaon Panchayat with a request to convene a special meeting so as to discuss the no confidence motion brought against the President and the Vice President of 3 No. Thakuranbari Gaon Panchayat. Since the requisition dated 13.04.2015 was for convening a meeting for removal of both the President and Vice President of the Gaon Panchayat, hence, as per Section 15(5) of the Assam Panchayat Act, 1994, the said requisition was required to be forwarded to the President of the concerned Anchalik Panchayat. Accordingly, the Secretary of the Gaon Panchayat i.e. the respondent No.7 had referred the requisition to the Anchalik Panchayat on 26.04.2015, but the Anchalik Panchayat did not take any action in the matter. As such, the respondent No.7 had referred the matter to the next authority, i.e., the Sub-Divisional Officer (Civil), South Salmara, Mankachar Sub-Division, Hatsingi--mari on 27.05.2015 informing him about the no confidence motion proposed against the President and Vice President of the Gaon Panchayat.