Dismissed

Sabed Ali v. the State of Assam and 15 Ors.

Gauhati HC2 Mar 2021WA/76/2021

Case brief

AI extract

What is this about?

The Gauhati High Court dismissed the writ appeal filed by the President of an elected Gaon Panchayat against a Single Judge order allowing his petition. The court held the appeal not maintainable as the prior order was passed with party consent and required the petitioner to face the no-confidence motion.

What did the court decide?

The writ appeal was dismissed with no relief granted to the appellant.

Sabed Ali Vs the State of Assam and 15 Ors. — Writ and Judicial Review | Gauhati HC (2021)

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GAHC010037882021

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WA/76/2021

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SABED ALI

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S/O LATE DHANESH ALI, VILL DAUKMARI, PO JANIA, DIST. BARPETA, ASSAM, PIN-788114

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VERSUS

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THE STATE OF ASSAM AND 15 ORS. THROUGH THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI-6

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2:THE DEPUTY COMMISSIONER BARPETA DIST. BARPETA ASSAM

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3:THE CHIEF EXECUTIVE OFFICER BARPETA ZILA PARISHAD BARPETA ASSAM

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4:THE EXECUTIVE OFFICER (I/C) MANDIA ANCHALIK PANCHAYAT PO MANDIA DIST. BARPETA ASSAM

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5:THE PRESIDENT MANDIA ANCHALIK PANCHAYAT MANDIA PO MANDIA DIST. BARPETA

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ASSAM

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6:THE SECRETARY 81 NO. JANIA GAON PANCHAYAT PO JANIA PS AND DIST. BARPETA ASSAM 7:JESMINA BEGUM W/O MONOWAR HUSSAIN VILL JANIA PO JANIA PS AND DIST. BARPETA PIN-781314 ASSAM 8:AKKAS ALI S/O LT. KALIM UDDIN VILL CHAPRA PO JHARUPAM DIST. BARPETA PIN-781314 9:AKHIL OJAH S/O LT DEBEN OJAH VILL JANIA DIST. BARPETA PIN-781314, ASSAM 10:DIPALI DAS W/O HITESH KAKATI VILL JANIA PO JANIA DIST. BARPETA ASSAM, PIN-781314

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11:HELIMA KHATUN W/O SHAHIDUL ISLAM VILL SALEKURA PO JANIA, DIST. BARPETA ASSAM PIN-781314 12:RAJEDA BEGUM W/O NAZRUL ISLAM VILL SALEKURA PO JANIA, DIST. BARPETA ASSAM, PIN-781314

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13:ROUSANARA BEGUM W/O KHAIRUL ISLAM VILL BANGLIPARA GAON PO JANIA DIST. BARPETA ASSAM 781314 14:SAFIQUL ISLAM S/O MIZANUR RAHMAN VILL CHAPRA PO JAHURPAM DIST. BARPETA ASSAM PIN-781314 15:ZINNAT ALI S/O LATE FARMAN ALI VILL DAUKMARI PO JANIA DIST. BARPETA ASSAM PIN-781314 16:DABUR UDDIN S/O LATE AFAZ UDDIN VILL CHAPRA GAON PO JAHURPAM DIST. BARPETA ASSAM PIN-78131

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Advocate for the Petitioner : MR. M U MAHMUD

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Advocate for the Respondent : GA, ASSAM

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BEFORE

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HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK

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ORDER

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Date : 02-03-2021

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(Sudhanshu Dhulia, CJ)

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Heard Mr. M. U. Mahmud, learned counsel for the appellant and Mr. A. Roy, learned

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counsel for respondent nos. 1, 3, 4 and 6 as well as Mr. H.R.A. Choudhury, learned senior counsel, appearing for private respondent nos. 7 to 14.

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This writ appeal has been filed by the appellant/writ petitioner against the order dated 10.02.2021 passed by the learned Single Judge in WP(C) 707/2021, wherein the order was passed with the consensus of all the parties.

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The brief facts of the case are that the appellant/writ petitioner was the elected President of 81 No. Jania Gaon Panchayat in the district of Barpeta. A No-Confidence Motion was moved against the appellant/writ petitioner by the elected Members of the aforesaid Gaon Panchayat and, thereafter, in a meeting held on 19.01.2021, a resolution was adopted expressing no-confidence against the appellant/writ petitioner. The writ petitioner filed the writ petition before the learned Single Judge challenging the requisition for No-Confidence Motion as well as the resolution adopted in the meeting held on 19.01.2021 on the ground that the appellant/writ petitioner never received the notice/requisition for No-Confidence Motion.

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While dealing with the issue, it was observed by the learned Single Judge as under:

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“However, since the petitioner now has proper notice of the requisition dated 19.12.2020, the period of 15 days, as provided under Section 15(1) of the Act of 1994, shall now commence with effect from today so as to enable the petitioner to accord necessary approval for convening the special meeting. If the petitioner fails to accord such approval within 15 days from today, law will take its own course.

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With the above observation, the writ petition stands disposed of.”

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Learned counsel for the appellant Mr. Mahmud has now made a statement before this court that the appellant is not being allowed to access the records by the Members of the Gaon Panchayat.

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At this stage we are not inclined to interfere with the order of the learned Single Judge for the reasons that the writ appeal is not maintainable inasmuch as the writ petition has already been allowed and there is an observation of the learned Single Judge that the order was passed with the consent of the parties and, therefore, necessary consequence will follow. Moreoever, since the appellant is an elected President of the Gaon Panchayat in question and

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since there is a provision under the law for bringing a No-confidence Motion against the President, the appellant/writ petitioner must face the No-Confidence Motion in accordance with law. So far as the issue of non-receipt of the notice/requisition for no-confidence by the appellant is concerned, the issue has already been dealt with by the learned Single Judge.

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In view of the above, no relief can be granted to the appellant. Accordingly, we dismiss the appeal.

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JUDGE CHIEF JUSTICE

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Comparing Assistant

Sabed Ali v. the State of Assam and 15 Ors.

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Sabed Ali v. the State of Assam and 15 Ors.

Case brief

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