FORHANA BEGUM LASKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) The subject matter of this appeal is the process relating to a meeting under the Assam Panchayat Act, 1994 (as amended) in which a no-confidence motion against the appellant, the President of the Nitainagar Gaon Panchayat, District Hailakandi (hereafter referred to as the Gaon Panchayat/Panchayat) had been passed on 12.3.2009. By the common judgment and order dated 30.3.2009 passed in WP(C) 1008/2009 and WP(C) 1086/2009 preferred by the writ appellant herein, the challenge to the legality and/or validity of the said exercise has been negated, in essence, on the ground that the alleged departures from the prescriptions of procedure laid down in Section 15 of the Act which are essentially directory in nature do not per se vitiate the same.

(2.) At the admission of the appeal, a reference to the decision of a Division Bench of this Court rendered in Mumtaz Rana Laskar & Ors. Vs. State of Assam & Ors., 2006 (1) GLT 46 to this effect having been made, by the order dated 15.5.2009, this appeal has been placed before this Bench inter alia to consider the correctness of the view expressed therein.

(3.) We have heard Dr. B. Ahmed, learned Counsel for the appellant, Ms. B. Goyal, learned State Counsel, for the official respondents and Mr. P.K. Deka, learned Counsel for the respondents 7 to 14.