This is a default dismissal of a writ petition challenging a No Confidence Motion against a Bechamari Gaon Panchayat ward member. The petitioner did not appear in Court, and hence no orders touching the merits were passed. The writ petition was dismissed for default.
Writ petition dismissed for default in the absence of the petitioner.
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GAHC010028662016
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6595/2016
HAFIZUN NESSA
PRESIDENT, BECHAMARI GAON PANCHAYAT, WIFE OF HAFIZUL HOQUE, R/O VILL- BECHAMARI P.O. BECHAMARI, P.S. DHING, DIST. NAGAON, ASSAM.
VERSUS
THE STATE OF ASSAM and 15 ORS.
REP. BY THE COMMISSIONER AND SECRETARYA TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI-6.
2:THE DIRECTOR OF PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
ASSAM PANJABARI ROAD JURIPAR GUWAHATI -37
3:THE DEPUTY COMMISSIONER
NAGAON ASSAM.
4:THE NAGAON ZILLA PARISHAD
REP. BY THE CHIEF EXECUTIVE OFFICER NAGAON ZILLA PARISHAD DIST. NAGAON ASSAM.
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5:THE MOIRABARI ANCHALIK PANCHAYAT
REP. BY ITS EXECUTIVE OFFICER OF MOIRABARI ANCHALIK PANCHAYAT P.S. MOIRABARI DIST. MORIGAON ASSAM. 6:THE SECRETARY TO THE BECHAMARI GAON PANCHAYAT P.O. BECHAMARI DIST. NAGAON ASSAM. 7:MD. RUHUL AMIN WARD MEMBER OF MECHAMARI GAON PANCHAYAT WARD NO. 9 P.O. BECHAMARI P.S. DHING DIST. NAGAON ASSAM PIN - 782123. 8:MRS. MONIJA BEGUM WARD MEMBER BECHAMARI GAON PANCHAYAT WARD NO. 1 P.O. BECHAMARI P.S. DHING DIST. NAGAON ASSAM PIN - 782123. 9:MISS. ANJUWARA BEGUM WARD MEMBER OF BECHAMARI GAON PANCHAYAT WARD NO. 2 P.O. BECHAMARI P.S. DHING DIST. NAGAON ASSAM PIN - 782123. 10:MISS. NOORJAHAN BEGUM WARD MEMBER BECHAMARI GAON PANCHAYAT WARD NO. 6 P.O. BECHAMARI P.S. DHING
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DIST. NAGAON ASSAM PIN - 782123 11:ANOWARA KHATUN WARD MEMBER OF BECHAMARI GAON PANCHAYAT WARD NO. 10 P.O. BECHAMARI P.S. DHING DIST. NAGAON ASSAM PIN - 782123. 12:MD. IMRAN HUSSAIN WARD MEMBER OF BECHAMARI GAON PANCHAYAT WARD NO. 4 P.O. BECHAMARI P.S. DHING DIST. NAGAON ASSAM PIN - 782123. 13:MUSTAFA NAZRUL HUSSAIN WARD MEMBER OF BECHAMARI GAON PANCHAYAT WARD NO. 3 P.O. BECHAMARI P.S. DHING DIST. NAGAON ASSAM PIN - 782123. 14:MD. SAIFUL ISLAM WARD MEMBER OF BECHAMARI GAON PANCHAYAT WARD NO. 8 P.O. BECHAMARI P.S. DHING DIST. NAGAON ASSAM PIN - 782123. 15:HABIBULLAH WARD MEMBER OF BECHAMARI GAON PANCHAYAT WARD NO. 5 P.O. BECHAMARI P.S. DHING DIST. NAGAON ASSAM IN - 782123. 16:SHAR BHANU
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WARD MEMBER OF BECHAMARI GAON PANCHAYAT WARD NO. 7 P.O. BECHAMARI P.S. DHING DIST. NAGAON ASSAM PIN - 782123
Advocate for the Petitioner : MS.M KONCH
Advocate for the Respondent : SC, P and R DR1,2,4, 5 and 6
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
13.03.2023
None appears for the petitioner on call whereas P & RD Department is represented by its Standing Counsel, Shri NK Dev Nath.
Shri Dev Nath, learned Standing Counsel has pointed out that the challenge is with regard to No Confidence Motion dated 06.09.2017. He submits that the tenure of the Panchayat itself being five years, there is no live cause of action pending to be adjudicated.
Be that as it may, in absence of the learned counsel for the petitioner, this Court will not pass any orders touching the merits, however, considering the above, the writ petition is dismissed for default.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the writ petition challenging the No Confidence Motion should be adjudicated given the absence of the petitioner.
Hafizun Nessa
State of Assam
Panchayats and Rural Development Department
Director of Panchayats and Rural Development Department
Deputy Commissioner, Nagaon
Nagaon Zilla Parishad
Sanjay Kumar Medhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
