BIMALA DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. J. Ahmed, learned counsel for the petitioner. Also heard Mr. K. Phukan, learned Govt. Advocate, Assam appearing for the respondent Nos. 1 to 4. None appears for the remaining respondents.

(2.) By filing the present writ petition, a challenge has been made to the resolution adopted in the meeting of the Abhayapuri Town Committee held on 29-03-2018 passing the motion of No-Confidence against the writ petitioner, thereby removing her from the office of Chairman of the Town Committee.

(3.) The factual background of the case, briefly stated, is that election of the Commissioners of the Abhayapuri Town Committee was held on 06-02-2015 wherein, the petitioner was elected as one of the Ward Commissioners. Thereafter, the first meeting of the Town Committee was held on 04-04-2015 wherein, the writ petitioner was elected as the Chairman and Sri Susanta Poddar, i.e. the respondent No. 9 herein as the ViceChairman. During the tenure of the petitioner in the office of the Chairman of the Abhayapuri Town Committee, three members of the Town Committee including the respondent No. 9 herein had submitted a notice on 06-02-2018 for convening a meeting so as to discuss the proposal of No-Confidence brought against the writ petitioner. Accordingly, meeting was convened on 27-02-2018 and again on 03-03-2018. By the resolution adopted on 03-03-2018, the petitioner was removed from the office of Chairman of the Abhayapuri Town Committee. The respondent No. 9 being the ViceChairman had presided over the said meeting.