BANDANA DEKA Vs. STATE OF ASSAM & ORS.

JUDGEMENT

(1.) Heard Mr. M.A. Sheikh, learned counsel for the writ petitioner. Also heard Mr. D. Nath, learned Addl. Sr. Govt. Advocate, Assam appearing for the official respondents as well as Mr. M. Dutta, learned counsel representing respondent Nos. 7 to 15. None appeared for the remaining respondents.

(2.) The resolution dated 03-12-2016 adopted in a meeting specially convened by the Rangia Anchalik Panchayat, passing the motion of "No Confidence" brought against the petitioner thereby ousting her from the office of the President of the Madhya Panduri Gaon Panchayat, is the subject matter of challenge in the present writ petition. The facts giving rise to filing of the present petition may be noticed as hereunder:-

(3.) In the Panchayat Elections held in the State in the year 2013, the petitioner was elected as the President of the Madhya Panduri Gaon Panchayat for a term of five years and was sworn in as the President of the Gaon Panchayat on 26-03-201 On 12-07-2016, 09 (nine) members of the said Gaon Panchayat had submitted a requisition before the Secretary of the Gaon Panchayat with a request for convening a special meeting for discussing the "No-Confidence" motion brought against the President of the Gaon Panchayat. According to the writ petitioner, the Secretary of the Gaon Panchayat, i.e. respondent No. 6 did not bring the requisition dated 12-07-2016 to her notice but had directly referred the matter to the President of the concerned Anchalik Panchayat. On 30-07-2016 the Block Development Officer (BDO) of the Rangia Development Block had circulated a notice informing the members that a meeting has been convened on 03-08-2016 for discussion of the "No Confidence" Motion brought against the President of the Madhya Panduri Gaon Panchayat, i.e. the petitioner. Accordingly, a meeting was held on 03-08-2016 but the motion of "No-Confidence" was not passed against the writ petitioner. Rather, as per the resolution adopted in the meeting held on 03-08-2016, a decision was taken that all members would work together like a family for development of the villagers. In the result, the petitioner continued as the President of the Gaon Panchayat. However, on 01-10-2016, the aforementioned nine requisitionist had submitted an application before the Deputy Commissioner, Kamrup (Rural) at Amingaon with a request to convene a special meeting for discussing the "No-Confidence" motion proposed against the writ petitioner on the basis of the requisition dated 12-07-2016. On receipt of the application dated 01-10-2016, the Deputy Commissioner, Kamrup (Rural), i.e. respondent No. 2 had instructed the Additional Deputy Commissioner, Kamrup (Rural) to do the needful and accordingly, the Addl. Deputy Commissioner, Kamrup (Rural) had issued a communication dated 26-10-2016 addressed to the Sub-Divisional Officer (Civil), Rangia forwarding the application made by the requisitionist for taking necessary action as per the provision of the Assam Panchayat Act, 1994 (in short Act of 1994). Acting on the basis of the instruction received from the Sub-Divisional Officer (Civil), Rangia, the Secretary of the Gaon Panchayat had forwarded the requisition dated 12-07-2016 seeking the approval of the petitioner. When the petitioner declined such approval, the matter was referred to the concerned Anchalik Panchayat and a meeting was thereafter, convened on 03-12-2016 at the instance of the President of the Anchalik Panchayat wherein the motion of "No-Confidence" was passed against the petitioner ousting her from the office.