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2010 Supreme(Gau) 347

H.N.SARMA
Nosir Ahmed Mazumder – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared
For Appellant/Petitioner/Plaintiff: P. Pathak and S.K. Medhi, Advs.
For Respondents/Defendant: H.R.A. Choudhury, J.I. Borbhuiya, B. Ahmed, T.J. Mahanta and V.L. Sinha, Advs.

JUDGMENT

H.N. Sarma, J.

1. The writ Petitioner was duly elected as President of the Chandipur G.P. under the territorial jurisdiction of Algapur Anchalik Panchayat in the district of Hailakandi in the panchayat election held on 26.2.2008. While he was holding the office, the Petitioner was removed by the impugned resolution of the Chandipur Gaon Panchayat held on 7.11.2009 expressing no confidence by 8 members of the Panchayat in terms of the provisions of Section 15 of the Assam Panchayat Act, 1994. The decision making process adopted by the Panchayat expressing no confidence against the Petitioner held on 7.11.2009 and the manner and method of holding the meeting has been challenged in this writ petition, seeking judicial review thereof.

2. I have heard Mr. P. Pathak, learned senior counsel assisted by S.K. Medhi advocate for the Petitioner. Also heard Mr. H.R.A. Choudhury, the learned senior counsel assisted by Mr. J.I. Borbhuiya, advocate appearing for the Respondent No. 5, Dr. B. Ahmed, learned Counsel appearing for the Respondent Nos. 10 to 14, Mr. T.J. Mahanta, learned Counsel appearing for the Respondent Nos. 6 to 9 and Mrs. V.L. Sinha, learned Addl. Senior Government Advocate


































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