Munjira Khatun v. The State of Assam and 14 Ors

O R D E R

05.06.2023

Heard Mr. M. U. Mahmud, the learned counsel for the petitioner and Mr. S. Dutta, the learned counsel appearing on behalf of the respondent Nos.1, 3, 4, 6 & 7. Also heard Mr. N. Goswami, the learned counsel appearing on behalf of the respondent No.2 as well as Mr. J. Ahmed, the learned counsel appearing on behalf of the respondent No.8.

¶2The instant writ petition has been filed by the petitioner challenging the resolution so adopted in the No Confidence Motion against the petitioner on 18.10.2021 as well as also the order dated 25.11.2021 whereby the Office of the Chief Executive Officer of the Goalpara Zilla Parishad has accepted the resolution passed in the special meeting of No Confidence Motion against the petitioner and empowered the Vice-President of the Gaon Panchayat to exercise all powers and perform all functions and discharge all duties of the President on removal of the petitioner as the President of the Gaon Panchayat.

¶3The learned counsel for the petitioner raised two contentions. The first of such contention is on the basis of Section 15 (1) of the Assam Panchayat Act, 1994 (for short, 'the Act of 1994') to the effect that from a perusal of the resolution adopted on 18.10.2021, it is seen that only 7 Page No.# 5/6 members have voted against the petitioner. The learned counsel for the petitioner, therefore, submitted that as there are 13 members of the said Gaon Panchayat, and as such, the mandate in terms with Section 15 (1) of the Act of 1994 which requires 2/3rd majority for passing the resolution was not done.

¶4On the other hand, Mr. S. Dutta, the learned counsel appearing on behalf of the P&RD Department submits that the concerned Gaon Panchayat has only 10 members. Taking into account the same, as 7 members have passed the resolution in favour of the No Confidence Motion, this Court is of the opinion that the mandate of Section 15 (1) of the Act of 1994 was duly complied with.

¶5The second contention which has been raised by the learned counsel for the petitioner is that Section 15 (3) of the Act of 1994 mandates that the President has to be given an opportunity to explain. However, the petitioner was not given the opportunity for which the resolution so adopted on 18.10.2021 was in contravention to Section 15 (3) of the Act of 1994.

¶6It appears from the records that the meeting was held on

18.10.2021 on the basis of an order passed by this Court dated

20.09.2021 in WP(C) No.2513/2021. It further appears from the resolution adopted on 18.10.2021, the petitioner chose to remain absent in the meeting.

¶7Under such circumstances, this Court is therefore of the opinion that the question of contravention of Section 15 (3) of the Act of 1994 is misconceived. Page No.# 6/6

¶8Considering the above, the instant writ petition stands dismissed.

¶9Pending applications, if any, stands dismissed.

JUDGE Comparing Assistant

PageoNo.#o1/6 GAHC010220272021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o ooooooooooooooooooooooooooooooooooooooooooCaseoNo.o:oWP(C)/6594/2021 MUNJIRAoKHATUN W/OoABDULoMAJID oVILL.oKATHURI oP.S.LAKHIPUR oVERSUS THEoSTATEoOFoASSAMoANDo14oORS REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECY.oTOoTHEoGOVT.oOFo ASSAM oPANCHAYAToANDoRURALoDEVELOPMENToDEPTT. oDISPUR oGUWAHATIo06 2:THEoDEPUTYoCOMMISSIONER GOALPARA oASSAMo783101 o3:THEoGOALPARAoZILLAoPARISHAD REPRESENTEDoBYoCHIEFoEXECUIVEoOFFICER oGOALPARA oZILLAoPARISHAD oPINo783101 o4:THEoCHIEFoEXECUTIVEoOFFICER GOALPARAoZILLAoPARISHADoAToGOALPARA PageoNo.#o2/6 o5:THEoJALESWARoANCHALIKoPANCHAYAT REPRESENTEDoBYoITSoPRESIDENT oP.O.oJALESWAR oP.S.oLAKHIPUR o6:THEoEXECUTIVEoOFFICER JALESWARoANCHALIKoPANCHAYAT oP.O.oJALESWAR o7:THEoSECY. NO.o13oKATHURIoGAONoPANCHAYAT oP.S.oLAKHIPUR o8:HALIMAoKHATUN W/OoABDUSoSOBAHAN oVILL.o1oNO.oKATHURI oP.O.oTAKIMARI oP.S.oLAKHIPUR oDIST.oGOLAPARA o9:ROMEZoUDDIN S/OoMOHIRoUDDIN oVILL.o2oNO.oPUBoKATHURIo(KHA)o P.O.oTAKIMARI oP.S.oLAKHIPUR o10:OMORoALI S/OoJOYNUDDIN oVILL.o3oNO.oPASCHIMoKATHURIo(KA)oP.O.oRAJMITA oP.S.oLAKHIPUR PageoNo.#o3/6 oPINo78319 o11:MOFIDULoISLAM S/OoLT.oELAHIoBOXO oVILL.o8oNO.oBODBODIo(GERAPURI) oP.S.oLAKHIPUR o12:SOBJALURoRAHMAN S/OoLT.oAMIRoALI oVILL.o5oNO.oSAPTIBARI oP.S.LAKHIPUR o13:ALIMONoNESSA W/OoAINUDDIN oVILL.o6oNO.oKARAIBARI oPS.oLAKHIPUR o14:SHAHANARAoBEGUM W/OoMERAJULoHOQUE oVILL.oNO.oGERAPURI oP.S.oLAKHIPUR o15:SOBURAoKHATUN W/OoSORMANoALI oVILL.o9oNO.oFETENGAPARAo(K) oP.S.oLAKHIPUR o------------ Page No.# 4/6 Advocate for : MR. M U MAHMUD Advocate for : SC P AND R.D. appearing for THE STATE OF ASSAM AND 14 ORS BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH