Dismissed

Kamran Pasha Choudhury v. the Sate of Assam and 13 Ors.

Gauhati HC9 Aug 2021WP(C)/3333/2021

Case brief

AI extract

What is this about?

In this writ petition, the petitioner, a Panchayat President, challenged his removal under Section 15(1) of the Assam Panchayat Act, 1994. The court examined whether the requisition for a no-confidence meeting was properly served. It found the petitioner refused service, holding no violation of the Act and dismissing the petition.

What did the court decide?

Writ petition dismissed at the motion stage as there was no merit in the petitioner's claim of non-service.

Kamran Pasha Choudhury Vs the Sate of… — Constitutional and Fundamental Rights | Gauhati HC (2021)

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GAHC010099822021

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

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Case No. : WP(C)/3333/2021

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KAMRAN PASHA CHOUDHURY S/O. SHRI MUSTAFA UDDIN CHOUDHURY, VILL. BAGHAN, P.O. KATHALTALI, DIST. KARIMGANJ, ASSAM, PIN-788725.

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VERSUS

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THE SATE OF ASSAM AND 13 ORS. TO BE REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEPTT., DISPUR, GUWAHATI-06.

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2:THE COMMISSIONER

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PANCHAYAT AND RURAL DEVELOPMENT DEPTT. PANJABARI JURIPAR GUWAHATI-37.

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3:THE DEPUTY COMMISSIONER KARIMGANJ P.O. AND DIST. KARIMGANJ ASSAM PIN-788710.

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4:THE CHIEF EXECUTIVE OFFICER

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KARIMGANJ ZILLA PARISHAD KARIMGANJ P.O. AND DIST. KARIMGANJ ASSAM PIN-788710.

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5:THE BLOCK DEVELOPMENT OFFICER

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LOWAIRPOA DEVELOPMENT BLOCK P.O. LOWAIRPOA DIST. KARIMGANJ ASSAM PIN-788728.

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6:THE PRESIDENT

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LOWAIRPOA ANCHALIK PANCHAYAT P.O. LOWAIRPOA DIST. KARIMGANJ ASSAM PIN-788728.

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7:THE SECRETARY

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35 NO. BAGHAN GAON PANCHAYAT P.O. KATHALTALI DIST. KARIMGANJ ASSAM PIN-788725. 8:SMT. SULTANA BEGUM W/O. NUR UDDIN VICE PRESIDENT 35 NO. BAGHAN GAON PANCHAYAT P.O. KATHALTALI DIST. KARIMGANJ ASSAM PIN-788725. 9:RUBI KHANAM W/O. SABIR AHMED WARD MEMBER WARD NO.1 35 NO. BAGHAN GAON PANCHAYAT P.O. KATHALTALI DIST. KARIMGANJ ASSAM PIN-788725. 10:MIRALAKSHMI KAIRI W/O. SONAT KUMAR KAIRI WARD MEMBER WARD NO.2 35 NO. BAGHAN GAON PANCHAYAT

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P.O. KATHALTALI DIST. KARIMGANJ ASSAM PIN-788725. 11:DEBOTOSH DEBNATH S/O. KAMAL NATH WARD MEMBER WARD NO.5 35 NO. BAGHAN GAON PANCHAYAT P.O. KATHALTALI DIST. KARIMGANJ ASSAM PIN-788725. 12:ABDUL REJAK WARD MEMBER WARD NO.4 35 NO. BAGHAN GAON PANCHAYAT P.O. KATHALTALI DIST. KARIMGANJ ASSAM PIN-788725. 13:ARATI RAJAK W/O. BOLUA RAJAK WARD MEMBER WARD NO.9 35 NO. BAGHAN GAON PANCHAYAT P.O. KATHALTALI DIST. KARIMGANJ ASSAM PIN-788725. 14:RAJESH GOWALA WARD MEMBER WARD NO.10 35 NO. BAGHAN GAON PANCHAYAT P.O. KATHALTALI DIST. KARIMGANJ ASSAM PIN-788725

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Advocate for the Petitioner : DR. B AHMED

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Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE PRASANTA KUMAR DEKA

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ORDER

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Date : 009.08.2021

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Heard Dr. B. Ahmed, learned counsel for the petitioner. Also heard Mr. M. Nath, learned standing counsel, P&RD for the respondent nos. 1, 2, 4 & 5 along with Mr. C. Hazarika, learned State counsel for respondent no.3.

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The petitioner is aggrieved by an order dated 18.05.2021 whereby the petitioner, President of 35 no. Baghan Gaon Panchayat under Lowairpoa Anchalik Panchayat in the District of Karimganj was removed under the Assam Panchayat Act, 1994 and the Vice President was allowed to discharge the work in place of the petitioner.

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It is submitted by Dr. Ahmed that on 22.01.2021, eight members of the said Goan Panchayat filed a requisition for special meeting for no confidence motion against the petitioner before the Secretary of the Gaon Panchayat.

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It is further stated that after receiving the said requisition dated 22.01.2021 the Secretary of the said Gaon Panchayat without informing the petitioner President, forwarded to the President, Lowairpoa Anchalik Panchayat on 15.02.2021.

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Subsequent thereto, the President, Lowairpoa Anchalik Panchayat issued notice dated 17.02.2021 informing 22.02.2021 as the date for the meeting on the no confidence motion against the petitioner. Thereafter, in violation of Section 15 sub-section 1 of the Assam Panchayat Act, 1994, the impugned order on the basis of the resolution of the meeting held on 22.02.2021 was issued.

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Accordingly the petitioner challenged the said impugned order.

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Vide order dated 20.07.2021, Mr. Nath was directed to produce the relevant records in order to verify in respect of service of the requisition notice dated 22.01.2021 on the petitioner and the subsequent development thereafter.

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In terms of the said order dated 20.07.2021, Mr. Nath produced the relevant records. On perusal of the same, it is found that eight members of the said 35 no. Baghan G. P. submitted a requisition notice addressing the President of the said Goan Panchayat for

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convening a special meeting on the no confidence motion

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In terms of the said requisition which was received by the Secretary on 29.01.2021 he issued letter dated 01.02.2021 to the petitioner along with the said requisition notice seeking for approval and fixation of a date for holding the no confidence meeting as per provision of section 15 (1) of the Assam Panchayat Act, 1994.

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From the peon book it is found that the petitioner on 01.02.2021 refused to receive the said letter dated 01.02.2021 of the Secretary. Again on 05.02.2021 refused to go through note-sheet, which the petitioner again refused on 08.02.2021 to put her approval on the note sheet.

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In view of the same, the said requisition was sent to the President, Lowairpoa Anchalik Panchayat who notified on 17.02.2021 fixing 22.02.2021 as the date for the said meeting to be held at 1.00 PM as Lowairpoa Anchalik Panchayat in Block office.

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Thereafter, the resolution was moved and the no-confidence motion was passed against the petitioner. On the basis of the said resolution the impugned order dated 18.05.2021 was passed by the Deputy Commissioner, Karimganj.

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From the aforesaid discussion, I am of the opinion that the petitioner failed to give the approval for holding the special meeting even after it was brought to the notice of the petitioner by the Secretary of the said Panchayat.

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Subsequent thereto the said requisition was sent to the President Anchalik Panchayat whereafter the resolution was passed in the meeting held on 22.02.2021.

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As the specific issue in this writ petition was non service of the requisition to the petitioner, but on perusal of the records, I am not inclined to accept the plea of Dr. Ahmed in as much as, the petitioner refused to accept the requisition notice.

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Thus, there was no violation of provision under Section 15 (1) of Assam Panchayat Act, 1994.

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Writ petition is accordingly dismissed at the motion stage as there is no merit in the claim of the petitioner.

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JUDGE

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Comparing Assistant

Kamran Pasha Choudhury v. the Sate of Assam and 13 Ors.

Case brief

What is this about?

What did the court decide?

Kamran Pasha Choudhury v. the Sate of Assam and 13 Ors.

Case brief

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