Disposed

Pinki Bhattacharjee v. the State of Assam and 13 Ors.

Gauhati HC14 Sept 2022WP(C)/2607/2021

Case brief

AI extract

What is this about?

This writ petition challenged a notification fixing a date for a meeting to discuss a No-Confidence Motion against the petitioner. The Court, finding no prior meeting was held after 24-February 2021, disposed of the petition granting leave to respondents to proceed with the meeting.

What did the court decide?

Writ petition disposed of by granting leave to respondents to take appropriate action in the matter.

Pinki Bhattacharjee Vs the State of Assam… — Pension and Retirement Benefits | Gauhati HC (2022)

¶1

Page No.# 1/5

¶2

GAHC010071682021

¶3

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

¶4

Case No. : WP(C)/2607/2021

¶5

PINKI BHATTACHARJEE

¶6

W/O. ARUP KR. BHATTACHARJEE, R/O. DAKHIN GOLAGHATIA BASTI, P.O. AND P.S. HOJAI, DIST. HOJAI, ASSAM.

¶7

VERSUS

¶8

THE STATE OF ASSAM AND 13 ORS

¶9

REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT, DISPUR, GUWAHATI-781006.

¶10

2:THE DY. COMMISSIONER

¶11

HOJAI ASSAM.

¶12

3:THE CHIEF EXECUTIVE OFFICER

¶13

HOJAI ZILLA PARISHAD HOJAI ASSAM.

¶14

4:THE BLOCK DEVELOPMENT OFFICER

¶15

JOGIJAN ANCHALIK PANCHAYAT HOJAI ASSAM.

¶16

5:THE PRESIDENT

¶17

JOGIJAN ANCHALIK PANCHAYAT HOJAI ASSAM.

¶18

Page No.# 2/5

¶19

6:SAKTI SAHA

¶20

MAMBER WARD NO.1 GOLAGHATIA BASTI GAON PANCHAYAT HOJAI ASSAM.

¶21

7:AMAL KRISHNA DAS

¶22

MEMBER WARD NO.2 GOLAGHATIA BASTI GAON PANCHAYAT HOJAI ASSAM. 8:BINTU SHILL MEMBER WARD NO.8 GOLAGHATIA BASTI GAON PANCHAYAT HOJAI ASSAM. 9:LIPTON DEB MEMBER WARD NO.9 GOLAGHATIA BASTI GAON PANCHAYAT HOJAI ASSAM. 10:SANIB MAZUMDER MEMBER WARD NO.5 GOLAGHATIA BASTI GAON PANCHAYAT HOJAI ASSAM. 11:RUNU DAS MEMBER WARD NO.7 GOLAGHATIA BASTI GAON PANCHAYAT HOJAI ASSAM. 12:MOUSAMI CHAKRABARTY

¶23

MEMBER WARD NO.10 GOLAGHATIA BASTI GAON PANCHAYAT HOJAI ASSAM. 13:SANGITA DAS MEMBER

¶24

Page No.# 3/5

¶25

WARD NO.6 GOLAGHATIA BASTI GAON PANCHAYAT HOJAI ASSAM. 14:PINKI DEBNATH MEMBER WARD NO.9 GOLAGHATIA BASTI GAON PANCHAYAT HOJAI ASSAM

¶26

Advocate for the Petitioner : MR. S K TALUKDAR

¶27

Advocate for the Respondent : GA, ASSAM

¶28

BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM

¶29

ORDER

¶30

Date : 14-09-2022

¶31

Heard Mr. J.M.A. Choudhury, learned counsel for the writ petitioner. Also heard Mr. N.K. Debnath, learned standing counsel, P&RD Department, Assam appearing for the respondent Nos. 1, 3 and 4, Mr. S. Baruah, learned Govt. Advocate, Assam appearing for the respondent No. 5 and Mr. S.C. Biswas, learned counsel representing respondent Nos. 6.

¶32

In this writ petition the notification dated 22-03-2021 issued by the respondent No. 2, i.e. the Deputy Commissioner, Hojai at Sankardev Nagar is under challenge. By the impugned notification, the date for holding the meeting for discussing the No-Confidence Motion proposed against the petitioner was fixed on 09-04-2021. According to the petitioner, a second meeting for considering the No-Confidence Motion was not permissible under the law before expiry of 06 (six) months.

¶33

Page No.# 4/5

¶34

On written instruction obtained from the Block Development Officer (BDO), Jugijan Development Block, Hojai dated 19-04-2021, Mr. Debnath submits that no meeting was held earlier on 24-02-2021. Therefore, the prayer made in this writ petition is untenable.

¶35

Mr. Biswas, on the other hand, submits that due to pendency of this writ petition, the official respondents have not taken any steps for holding the special meeting so as to discuss the No-Confidence Motion brought against the writ petitioner.

¶36

After going through the materials available on record as well as the written instruction produced by Mr. Debnath, this Court is of the prima facie opinion that no meeting, as alleged by the petitioner, was held on 24-02-2021 to discuss the NoConfidence Motion brought against the writ petitioner. As such, there cannot be any legal bar for holding the meeting to discuss the No-Confidence Motion based on requisition earlier submitted by the members of the Gaon Panchayat.

¶37

In view of the above, I am not inclined to entertain this writ petition. Retaining the copy of the written instruction dated 19-04-2021 in the record of this case, this writ petition, therefore, stands disposed of by granting leave to the respondents to take appropriate action in the matter in accordance with law without any further delay.

¶38

However, before doing so, the respondent No. 2 will verify and reach a satisfaction that the provision of Section 15 of the Assam Panchayat Act, 1994 has been scrupulously followed in this case.

¶39

With the above observation this writ petition stands disposed of.

Page No.# 5/5

JUDGE

Comparing Assistant

Pinki Bhattacharjee v. the State of Assam and 13 Ors.

Case brief

What is this about?

What did the court decide?

Pinki Bhattacharjee v. the State of Assam and 13 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

M/S. G.B.Chowdhury Holdings Pvt. Ltd. Vs Food Corporation of India and 2 Ors.

Ushar Kanti Dutta Vs the Union of India and 3 Ors.

Munindra Kumar Dev Sarma Vs the Reserve Bank of India and 3 Ors.

Johnson Teron and 33 Ors. Vs Karbi Anglong Autonomous Council and 4 Ors.

Rohul Amin Akand Vs Sidhartho Prasad Baruah and 3 Ors.

Rohul Amin Akand Vs Sidhartho Prasad Baruah and 3 Ors.