MUMINA BEGUM CHOWDHURY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. HRA Choudhury, learned senior counsel appearing for the petitioner, Mr. K.D. Sarma, learned counsel appearing for the respondent Nos. 9 to 15 and Ms. M. Bhattacharjee, learned counsel appearing for the respondent Nos. 1, 2, 3, 4, 5, 6 and 8. None appears for the respondent No.7.

(2.) The petitioner is the elected President of No.22 Charing Pathar Gaon Panchayat, under the Binnakandi Anchalik Panchayat of Nagaon district and she was so elected during the last Panchayat election, which was held in the year 2013. It is the case of the petitioner that being the President, she has been discharging the duties to the utmost satisfaction of all concerned without any complaint or allegation from any one at any point of time. It is the case of the petitioner that on 13.08.2015, the petitioner received a copy of a letter dated 07.08.2015 issued by the Secretary of Charing Pathar Gaon Panchayat, which was addressed to the President of Binnakandi Anchalik Panchayat, requesting him to take necessary steps for convening a meeting for discussing no confidence motion against the petitioner. It was stated that the meeting for discussing the no confidence motion is required to be convened pursuant to the notice dated 21.07.2015 submitted by seven members of the said Gaon Panchayat.

(3.) The petitioner had challenged the requisition notice dated 21.07.2015 in an earlier writ petition being WP(C) No.4896/2015 on the ground that the said notice was not served upon the petitioner. In the said writ petition being WP(C) No.4896/2015, this Court by order dated 21.08.2015, had provided that any resolution adopted against the petitioner pursuant to the notice dated 21.07.2015, shall be subject to the final outcome of the writ petition.