WP(C) 305/2016. Gauhati High Court

Case Number:WP(C) 305/2016
Judgement Date:May 15, 2019
Court:Gauhati High Court
SUMMARY

No confidence motion passed by Panchayat

 
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I N THE GAUHATI HI GH COURT

(THE HI GH COURT OF ASSAM, NAGALAND, MI ZORAM AND ARUNACHAL PRADESH)

Writ Petition ( C) No.305/ 2016

Zahirul I slam

Son of Late KyamotSk

Resident of Village Baghachar P.O. Jhowdanga i, P.S. Mankachart, District-Dhubri, Assam

-Versus-

  1. The State of Assam

    Represented by the Commissioner and Secretary to the Government of Assam, Panchayat & Rural Development Department, Dispur, Ghy-06.

  2. The Deputy Commissioner, Dhubri,

    Post Office-Dhubri, District-Dhubri, Assam PI N -783301

  3. The Sub-Divisional Officer (Civil), South Salmara Mankachar Sub-Division, Hatsingimari, District-Dhubri,

    Assam, PI N -783135

  4. Mankachar Anchalik Panchayat (Jangal)

    Represented by its Executive Officer, Post Office & Police Station- Mankachar, District-Dhubri,

    Assam, PI N -783131

  5. The President

    Mankachar Anchalik Panchayat (Jangal)

    Represented by its Executive Officer, Post Office & Police Station- Mankachar, District-Dhubri,

    Assam, PI N -783131

  6. 15. No.Jhalorchar Nayagaon Gaon Panchayat Represented by its Secretary, Post Office, Jhowdanga District-Dhubri, Assam.

    Page 1 of 10

    …….Petitioner.

  7. Moynal Hoque

  8. Rashida Khatun

  9. Soyida Anjuara Khatun

  10. Samirun Bibi

  11. Ashura Khatun

  12. Sanowarul I slam Nollah

  13. Samsul Hoque Sarkar

  14. Moktib Hussain

    Respondent No. 7 to 14 are members

    of Jhalorchar Nayagaon Gaon Panchayat

    C/ O Secretary, Jhalorchar Nayagaon Gaon Panchayat District-Dhubri, Assam.

    ……. Respondents.

    BEFORE

    THE HON’BLE MR. JUSTI CE NELSON SAI LO

    For the Petitioner : Mr. K.N. Choudhury, Sr. Advocate.

    For the Respondents : Ms. D.D. Barman, A.S.G.A

    Mr. M. Choudhury, Advocate.

    Date of Hearing : 19.04.2017

    Date of Judgment : 15.05.2017

    JUDGMENT AND ORDER( CAV)

    W.P( C) No.305 of 2016 Page 2 of 10

    Heard Mr. K.N. Choudhury, the learned Senior counsel for the writ petitioner as well as Ms. D.D. Barman, the learned Additional Senior Government Advocate for the respondent Nos.1 to 6. Also heard Mr. M. Choudhury, the learned counsel for the respondent Nos.7 to 14.

  15. The petitioner earlier approached this Court by filling W.P.(C) No. 6607 of 2015 with the grievance that the requisition letter dated 9.9.2015 for seeking a vote of no-confidence against him as the President of Jalorchar Nayagaon Gaon Panchayat (the Gaon Panchayat for short) was not brought to his notice as required under Section 15 of the Assam Panchayat Act, 1994 (the Panchayat Act for short).

  16. The writ petition was disposed of on 4.11.2015 as agreed to by the rival parties with a liberty to the requisitionists to take steps by way of making a fresh requisition in strict accordance with the provisions of the Panchayat Act.

  17. By the present writ petition, the petitioner projects that pursuant to the disposal of the earlier writ petition, eight members of the Goan Panchayat submitted an application to the Secretary of the Gaon Panchayat on 1.12.2015 for holding a special meeting to move a noconfidence motion against him. Thereafter, on 3.12.2015, the Secretary of the Gaon Panchayat wrote to him stating that on 1.12.2015, the Vice President and seven other members of the Panchayat submitted a requisition for holding a special meeting to move a no-confidence motion against him in the office of Mancachar Anchalik Panchayat and for which his permission and approval was being sought. The petitioner however did not receive the communcaiton dated 3.12.2015 or the communication dated 1.12.2015 and he came to learn about the same on 31.12.2015

    W.P( C) No.305 of 2016 Page 3 of 10

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