SIPRA DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M. H. Laskar, learned counsel appearing for the writ petitioner. Also heard Mr. G. Uddin, learned counsel, representing the private respondent Nos.7 to 14. Mr. S. P. Choudhury, learned Government Advocate, Assam, appears on behalf of respondent Nos.1, 2 and 3. None appears for respondent Nos.4, 5 and 6.

(2.) In this writ petition, a challenge has been made to the resolution adopted in the meeting dated 28.01.2015 whereby, the motion of no-confidence was passed against the petitioner removing her from the post of Pres--ident of 4 No. Gandhi Nagar Gaon Panc--hayat under Ramkrishna Nagar Anchalik Panchayat in the district of Karimganj.

(3.) For the purpose of proper appreciation of the contentious issues involved in this proceeding, a brief recital of the factual background of the case is deemed necessary. The writ petitioner was earlier elected as the President of the 4 No. Gandhi Nagar Gaon Panchayat. On 29.12.2014, 8 (eight) members of the said Gaon Panchayat had submitted a requisition before the Secretary of the Gaon Panchayat with a request to convene a special meeting for discussing the no confidence motion proposed against the petitioner. According to the Secretary of the G.P, the requisition was brought to the notice of the writ petitioner on 31.12.2014 by putting up a note in the file but the file was returned by the writ petitioner without any remark. As such, the Secretary of the Gaon Panchayat had referred the matter to the President of the concerned Anchalik Panchayat on 12.01.2015.