WP(C) 5959/2014. Gauhati High Court
| Case Number | WP(C) 5959/2014 |
| Judgement Date | May 18, 2019 |
| Court | Gauhati High Court |
I N THE GAUHATI HI GH COURT
THE HI GH COURT OF ASSAM : NAGALAND : MI ZORAM & ARUNACHAL PRADESH)
WP( C) NO. 5959 OF 2014
Musst. Badrun Nehar Laskar
W/ o. Nurul I slam Laskar Vill-Basbari Part-I
P.S. & Dist- Hailakandi, Assam
- VERSUS -
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The State of Assam
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The Zila Parishad, Hailakadni
Being represented by its Chairman
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The Deputy Commissioner, Hailakandi
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The Hailakandi Anchalik Panchayat Being represented by its President
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The BDO Hailakandi Development Block
cum Executive Officer, Hailakandi Anchalik Panchayat, Hailakandi
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The Secretary, Batirkupa Gaon Panchayat Vill- Batirkupa, P.S. Hailakandi Dist-hailakandi, Assam
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Siddek Ali Laskar, Member
Batirkupa Gaon Panchayat
Office of the Batirkupa Gaon Panchayat P.S. & Dist-Hailakandi, Assam
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Hara Prasad Roy, Member
Batirkupa Gaon Panchayat
Office of the Batirkupa Gaon Panchayat P.S. & Dist-Hailakandi, Assam
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Mozib Uddin Mozumdar, Member Batirkupa Gaon Panchayat
Office of the Batirkupa Gaon Panchayat P.S. & Dist-Hailakandi, Assam
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Anima Begum Laskar, Begum, Member Batirkupa Gaon Panchayat
Office of the Batirkupa Gaon Panchayat P.S. & Dist-Hailakandi, Assam
........... Pet it ion er .
Page 1 of 10
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Anowara Begum Mazarbhuiya, Member Batirkupa Gaon Panchayat
Office of the Batirkupa Gaon Panchayat P.S. & Dist-Hailakandi, Assam
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Benuwara Begum Mazarbhuiya, Member Batirkupa Gaon Panchayat
Office of the Batirkupa Gaon Panchayat P.S. & Dist-Hailakandi, Assam
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Mashuk Uddin Laskar, Member Batirkupa Gaon Panchayat
Office of the Batirkupa Gaon Panchayat P.S. & Dist-Hailakandi, Assam
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Abdul Matin Laskar, Member
Batirkupa Gaon Panchayat
Office of the Batirkupa Gaon Panchayat P.S. & Dist-Hailakandi, Assam
..……. Respon den t s.
BEFORE
HON’BLE MR. JUSTI CE NELSON SAI LO
Advocate for the Petitioner :- Mr. R. Dubey
Advocate for the Respondents :- Mr. C.K.S. Baruah, Jr. G.A. Assam
Mr. N. Haque
Date of Hearing :- 19.04.2017
Date of Judgment :- 18.05.2017
Page 2 of 10
JUDGMENT & ORDER ( CAV)
Heard Mr. R Dubey, the learned counsel for the writ petitioner as well as Mr. C K S Baruah, the learned State counsel, who appears for the State respondents and Mr. N Haque, the learned counsel for the private respondents.
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The case of the petitioner is that she is the elected President of Bhatirkupa Gaon Panchayat in Hailakandi within the territorial limits of Hailakandi Anchalik Panchayat. On 16.09.2014, 7 members of the Gaon Panchayat concerned submitted an application to the Secretary of the Gaon Pachayat for holding a special meeting for discussion on the no confidence motion against the petitioner (Annexure-3). The said application was communicated by the Secretary of the Gaon Panchayat to the petitioner on the same day (Annexure-4). However, since the special meeting could not be convened within the prescribed 15 days period as per Section 15(1) of the Assam Panchayat Act, 1994 (hereafter the Panchayat Act, for short), the Secretary of the Gaon Panchayat referred the matter to the President, Hailakandi Anchalik Panchayat vide communication dated 07.10.2014 (Annexure-5). Accordingly, a meeting notice was issued by the Secretary & Executive Officer of Hailakandi Anchalik Panchayat on 13.10.2014 (Annexure-6) fixing 22.10.2014 as the date for the special meeting on the no confidence motion.
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On 22.10.2014, when the special meeting was held, a resolution was passed in which it was recorded that one of the member of the Panchayat (respondent No. 14) had tendered his resignation while the said member denied having submitted such...
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