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2011 Supreme(Gau) 446

I.A.ANSARI, P.K.MUSAHARY
Ali Ahmed Mazumdar – Appellant
Versus
State of Assam – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff:S. Banik and A.K. Talukdar, Advocates
For Respondents/Defendant:P. Sen Deka, Advocate for State and B. Ahmed, Advocate

JUDGMENT

P.K. Musahary J.

1. Heard Mr. S. Banik, learned Counsel for the Appellant/Writ Petitioner and Dr. B. Ahmed, learned Counsel for the private Respondents as well as Mr. P Sen Deka, learned Govt. Advocate, Assam.

2. Brief facts of the case are that a Gaon Panchayat Body of ten members, to which the Appellant/writ Petitioner was elected as its President was sought to be removed by way of moving No Confidence Motion against him. Six of its members signed and addressed a letter, better called notice dated 12.7.2008 expressing loss of confidence in him and asking the Panchayat Secretary (Respondent No. 7) to take necessary steps, precisely to convene a special meeting as per provision Under Section 15(1) of the Assam Panchayat Act, 1994 (hereinafter in short, referred to as the Act). There was an In-charge Secretary to the Gaon Panchayat (in short G.P. Secretary) who received the notice on 21.7.2008 and placed it before the President (Appellant) for his approval on 25.7.2008, whereupon, the President, on the same day, accorded his approval fixing the date of meeting on 28.7.2008. However, the Secretary vide his note dated 29.7.2008 expressed his inability to convene the meeting due










































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