Mst. Rohima Khatun v. The State of Assam and 13 Ors

ORDER Date : 14.08.2023 Heard Mr. M Dutta, learned counsel for the petitioner and Mr. N.K. Dev Nath, learned Standing Counsel, PNRD Department, Assam appearing for the respondent Nos. 2, 3, 4 and 5. Also heard Mr. N Goswami, learned Government Advocate, Assam appearing for the respondent No.1. Mr. M Ahmed, learned counsel has appeared for the private respondent Nos. 6 to 12 and 14.

¶2The writ petitioner herein, who was the President of the No. 15, Jhalorchar-Nayagaon Gaon Panchayat under the South Salmara Mankachar district of Assam, has Page No.# 4/5 approached this Court by filing the instant writ petition assailing the notice dated

14.07.2023 issued by the respondent No. 4 i.e. the Block Development Officer, Mankachar Development Block, Jangal convening a special meeting so as to discuss the No-Confidence Motion brought against the President as well as the Vice-President of the aforesaid Gaon Panchayat inter-alia contending that when a No-Confidence Motion is proposed against the President as well as the Vice–President of the Gaon Panchayat, the Block Development Officer would not have any jurisdiction to convene the meeting under Section 15 of the Assam Panchayat Act, 1994 but it would be the President of the concerned Anchalik Parishad who alone would have jurisdiction to convene such a meeting.

¶3Mr. Ahmed, learned counsel representing the private respondents i.e. the requisitionist has fairly conceded that the respondent No. 4 did not have any authority or jurisdiction under the law to convene the special meeting. He, therefore, submits that he would have no objection if the writ petition is disposed of by setting aside the impugned notice dated 14.07.2023 by granting leave to the authorities to convene the special meeting by following the prescription of law.

¶4Mr. Dev Nath and Mr. N Goswami have also submitted that they would have no objection if the writ petition is disposed of accordingly.

¶5Responding to the above, Mr. M Dutta has argued that since the requisitionist/ private respondents have conceded the ground urged by the petitioner as the writ petition be disposed of by providing that further action, if any, in the matter, be taken only in accordance with law.

¶6Mr. Dutta, however, also seeks an order from this court reserving the right of his client to urge all such legal grounds, as may be available to her, in the present petition, if any subsequent writ petition, pertaining to the same subject matter.

¶7Leave as prayed for is granted. Page No.# 5/5

¶8By taking note of the submission made at the bar and in view of the stand taken by the learned counsel for the parties, with their consent and agreement of the learned counsel, the impugned notice dated 14.07.2023 is hereby set aside. Liberty is granted to the respondents to take appropriate action in the matter by following the prescription of Section 15 of the Assam Panchayat Act, 1994, if so advised

¶9Interim order passed earlier shall stand vacated. Writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010175252023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH) oooooooooooooooooooooooooooooooooooooooooooooooooooWP(C)/4052/2023 MST.oROHIMAoKHATUN W/OoABDULLAHo-AL-oFARUK oR/OoVILL-JHOWDANGAoPART-II oP.O.-JHOWDANGA oDIST-SOUTHoSALMARAoMANKACHAR oASSAM oVERSUS THEoSTATEoOFoASSAMoANDo13oORS REPRESENTEDoBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVERNMENToOFo oPANCHAYAToANDoRURALoDEVELOPMENToDEPARTMENT oDISPUR oGUWAHATI-6 2:THEoDISTRICToCOMMISSIONER oSOUTHoSALMARAoMANKACHARoDISTRICT HATSINGIMARI oP.O.-FEKAMARI oDIST-SOUTHoSALMARAoMANKACHAR oASSAM oPIN-783135 o3:THEoMANKACHARoANCHALIKoPANCHAYAT REPRESENTEDoBYoITSoPRESIDENT oVILLoANDoP.O.-MANKACHAR oDIST-SOUTHoSALMARAoMANKACHAR oASSAM oPIN-783131 o4:THEoBLOCKoDEVELOPMENToOFFICER oMANKACHARoDEVELOPMENToBLOCK oJANGAL PageoNo.#o2/5 VILLoANDoP.O.-MANKACHAR oDIST-SOUTHoSALMARAoMANKACHAR oASSAM oPIN-783131 o5:THEoSECRETARY oNO.o15 oJHALORCHAR-NAYAGAONoGAONoPANCHYAT o6:ABDULoAKHERoHUSSAIN S/OoLATEoABDULoSATTAR oR/OoVILL-JHOWDANGAoPART-II oP.O.-JHOWDANGA oDIST-SOUTHoSALMARAoMANKACHAR oASSAM oPIN-783131 o7:PARMINAoBEGUM W/OoANOWARoHUSSAIN oR/OoVILL-JHOWDANGAoPART-II oP.O.-JHOWDANGA oDIST-SOUTHoSALMARAoMANKACHAR oASSAM oPIN-783131 o8:ZAKIRoHUSSAIN S/OoLATEoSUMMADoSK oR/OoVILL-JHOWDANGAoPART-II oP.O.-JHOWDANGA oDIST-SOUTHoSALMARAoMANKACHAR oASSAM oPIN-783131 o9:BULoBULIoKHATUN W/OoSURAToZAMAN oR/OoVILL-JHOWDANGAoPART-II oP.O.-JHOWDANGA oDIST-SOUTHoSALMARAoMANKACHAR oASSAM oPIN-783131 o10:SHAHIDAoKHATUN W/OoOBIYELoHUSSAIN oR/OoVILL-JHOWDANGAoPART-II oP.O.-JHOWDANGA oDIST-SOUTHoSALMARAoMANKACHAR oASSAM oPIN-783131 o11:GOLAMoMUSTAFA S/OoMONIRULoISLAM oR/OoVILL-JHOWDANGAoPART-II oP.O.-JHOWDANGA oDIST-SOUTHoSALMARAoMANKACHAR Page No.# 3/5 PIN-783131 12:SULTANA REZIA W/O ABU HANIF R/O VILL-JHOWDANGA PART-II P.O.-JHOWDANGA DIST-SOUTH SALMARA MANKACHAR PIN-783131 13:SHAHAJJAL HOQUE S/O LATE EKIN ALI R/O VILL-JHOWDANGA PART-II P.O.-JHOWDANGA DIST-SOUTH SALMARA MANKACHAR PIN-783131 14:MOLINA BEGUM W/O CHAND MIA R/O VILL-JHOWDANGA PART-II P.O.-JHOWDANGA DIST-SOUTH SALMARA MANKACHAR PIN-783131 ------------ Advocate for : MR. M DUTTA Advocate for : SC P AND R.D. appearing for THE STATE OF ASSAM AND 13 ORS BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM