4.1 . W.P.(C) no. 7503/2019 [Motiur Rahman vs. The State of Assam and 6 others] & W.P.(C) no. 7705/2019 [Motiur Rahman vs. The State of Assam and 6 others] : The petitioner herein participated in the Panchayat election held in the month of December, 2018 by submitting his nomination on 19.11.2018, thereby, offering his candidature for the post of President of No. 72 Bandarkona Gaon Panchayat. When the election results were declared, the petitioner was declared elected for the post of President of No. 72 Bandarkona Gaon Panchayat. A certificate dated 15.12.2018 to that effect was issued by the Deputy Commissioner, Karimganj. At the time of filing his nomination i.e. on 19.11.2018, the petitioner had two living children. He was blessed with another child on 27.02.2019. After 27.02.2019, the respondent nos. 5, 6 and 7 filed a complaint before the Secretary, No. 72 Bandarkona Gaon Panchayat to remove him from the post of President in view of the provision contained in Section 111[2][a] of the Assam Panchayat Act, 1994, as amended [‘the Panchayat Act’, for short]. A show-cause notice was issued to the petitioner thereafter by the Deputy Commissioner, Karimganj on 12.09.2019 asking him to show-cause as to why he should not be removed from the post of President of the Gaon Panchayat. The petitioner had challenged the said show-cause notice dated 12.09.2019 by way of the writ petition, W.P.(C) no. 7503/2019. This Court while issuing notice of motion and directing the petitioner to file his reply to the showcause notice dated 12.09.2019 by an order dated 03.10.2019, had provided, in the interim, not to take any adverse action against the petitioner till the returnable date. But, by the impugned order dated 03.10.2019, the Deputy Commissioner, Karimganj had removed the petitioner from the post of President of No. 72 Bandarkona Gaon Panchayat. After the said order dated 03.10.2019 of this Court, the petitioner submitted a representation before the Deputy Commissioner, Karimganj on 04.10.2019 with the prayer to withdraw the impugned order dated 03.10.2019. But the Deputy Commissioner, Karimganj did not withdraw the impugned order dated 03.10.2019 and hence, this second writ petition assailing the impugned order dated 03.10.2019, along with the previous writ petition, W.P.(C) no. 7503/2019.
