A special bail petition was closed as infructuous since the petitioner's challenge to a Gaon Panchayat President's removal was filed separately, rendering this prayer to convene a meeting unnecessary.
The writ petition was closed as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/6
GAHC010152112022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5080/2022
DIPON KUMAR DAS AND 8 ORS. S/O PULIN CHANDRA DAS, MEMBER OF GROUP NO. 1, NORTH NARAINPUR GAON PANCHAYAT, R/O- VILL.- NARAINPUR PART-I, P.O.- NORTH NARAINPUR, P.S.- ALGAPUR, DIST.- HAILAKANDI, ASSAM. PIN- 788801.
2: SAFIA BEGOM MAZUMDER W/O- ALA UDDIN MAZUMDER
MEMBER OF GROUP NO. 2 NORTH NARAINPUR GAON PANCHAYAT
R/O- VILL.- NARAINPUR PART-I
P.O.- NORTH NARAINPUR
P.S.- ALGAPUR DIST.- HAILAKANDI ASSAM. PIN- 788801.
3: REXONA BEGUM LASKAR W/O MASUK AHMED LASKAR
MEMBER OF GROUP NO. 3 NORTH NARAINPUR GAON PANCHAYAT
R/O- VILL.- KALINAGAR PART-VII
P.O.- NORTH NARAINPUR
P.S.- PANCHGRAM
Page No.# 2/6
DIST.- HAILAKANDI ASSAM. PIN- 788801.
4: FAIZUR RAHMAN LASKAR S/O LATE MAKBUL ALI LASKAR MEMBER OF GROUP NO. 4 NORTH NARAINPUR GAON PANCHAYAT
R/O- VILL.- NARAINPUR PART-II P.O.- NORTH NARAINPUR
P.S.- ALGAPUR DIST.- HAILAKANDI ASSAM. PIN- 788801. 5: AYARUN NESSA LASKAR W/O- ANAM UDDIN LASKAR MEMBER OF GROUP NO. 5 NORTH NARAINPUR GAON PANCHAYAT R/O- VILL.- NARAINPUR PART-II P.O.- NORTH NARAINPUR P.S.- ALGAPUR DIST.- HAILAKANDI ASSAM. PIN- 788801. 6: SMTI GOURI DAS W/O KAILASH CHANDRA DAS MEMBER OF GROUP NO. 6 NORTH NARAINPUR GAON PANCHAYAT R/O- VILL.- NARAINPUR PART-III P.O.- NORTH NARAINPUR
P.S.- ALGAPUR DIST.- HAILAKANDI ASSAM. PIN- 788801.
Page No.# 3/6
7: FARUK AHMED LASKAR S/O ABDUL MATLIB LASKAR
MEMBER OF GROUP NO. 7 NORTH NARAINPUR GAON PANCHAYAT
R/O- VILL.- NARAINPUR PART-IV P.O.- NORTH NARAINPUR P.S.- PANCHGRAM DIST.- HAILAKANDI ASSAM. PIN- 788801. 8: KUTI MOHAN DAS S/O RASHMANI DAS MEMBER OF GROUP NO. 8 NORTH NARAINPUR GAON PANCHAYAT R/O- VILL.- NARAINPUR PART-IV P.O.- NORTH NARAINPUR P.S.- PANCHGRAM DIST.- HAILAKANDI ASSAM. PIN- 788801. 9: SARIMUL HOQUE BARBHUIYA S/O ABDUL LATIF BARBHUIYA MEMBER OF GROUP 9 NORTH NARAIN GAON PANCHAYAT
R/O- VILL.- ALGAPUR PART-II P.O.- KALIBARI BAZAR P.S.- PANCHGRAM DIST- HAILAKANDI ASSAM PIN- 788801 VERSUS THE STATE OF ASSAM AND 6 ORS.
Page No.# 4/6
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI-6.
2:THE DEPUTY COMMISSIONER HAILAKANDI ASSAM PIN- 788162. 3:THE CHIEF EXECUTIVE OFFICER HAILAKANDI ZILLA PARISHAD HAILAKANDI PIN- 788151. 4:THE PRESIDENT ALGAPUR ANCHALIK PANCHAYAT ALGAPUR DEVELOPMENT BLOCK P.O.- KALIBARI BAZAR DIST.- HAILAKANDI ASSAM PIN- 788150. 5:THE BLOCK DEVELOPMENT OFFICER CUM SECRETARY AND EXECUTIVE OFFICER ALGAPUR DEVELOPMENT BLOCK P.O.- KALIBARI BAZAR DIST.- HAILAKANDI ASSAM PIN- 788150 6:THE SECRETARY NORTH NARAINPUR GAON PANCHAYAT P.O.- NORTH NARAINPUR DIST- HAILAKANDI ASSAM PIN- 788801.
7:HIFZUR RAHMAN LASKAR S/O- JALAL UDDIN LASKAR
VILL- NARAINPUR PT. II
P.O.- NORTH NARAINPUR P.S. ALGAPUR DIST.- HAILAKANDI ASSAM
Page No.# 5/6
PIN- 788801
Advocate for the Petitioner : MR. I H LASKAR
Advocate for the Respondent : SC, P AND R.D.
BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
Date : 09-11-2022
Mr. P.K. Deka, learned counsel for the petitioners submits that the prayer in the present writ petition is for a direction to be issued to the respondent authorities, to convene a meeting, for a discussion on a No Confidence Motion against the respondent No. 7, in view of the Requisition Notice dated 02.06.2022 submitted by the petitioners, with strict adherence to the mandate of Section 15 (1) and other provisions to the Assam Panchayat Act, 1994.
The petitioners’ counsel submits that the No Confidence Motion was discussed in terms of the Requisition Notice dated 29.09.2022 submitted by the petitioners, which resulted in the respondent No. 7 being removed from his post of President of the Gaon Panchayat.
The respondent No. 7 thereafter made a challenge to his removal from the post of President, Gaon Panchayat vide WP(C) No. 6687/2022, on the ground that Section 15 (1) of the Assam Panchayat Act, 1994 had not been adhered to, during the No Confidence Motion proceedings held against the respondent No. 7.
The petitioners’ counsel submits that the writ petition can be closed, as the
Page No.# 6/6
same has become infructuous.
Mr. M.K. Dev Nath, learned counsel appears for the respondent Nos. 1, 3, 4, 5 & 6, Ms. M. Barman, learned counsel appears for the respondent No. 2. And Ms. N. Kalita, learned counsel appears for the respondent No. 7.
The writ petition is accordingly closed, as infructuous.
JUDGE
Comparing Assistant
1 provisions across 1 enactments
Dipon Kumar Das and 8 Ors.
The State of Assam
Michael Zothankhuma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
