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2004 Supreme(Gau) 453

AMITAVA ROY
Aleya Khatun – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: G.K. Bhattacharjee, M.H.R. Bhuiyan, N.A. Laskar, A. Mannaf, N.A. Laskar, B. Ahmed, J. Begum and N. Haque, Advs.
For Respondents/Defendant: B. Ahmed, N. Haque, J. Begum, K.C. Mahanta, G.K. Bhattacharjee,M.H.R. Bhuiyan, N.A. Laskar and A. Mannaf, Advs.

JUDGMENT

Amitava Roy, J.

1. The controversy arises out of the process for no confidence motion initiated against the President of Anipur Gaon Panchayat (for short 'Panchayat'). The writ petition No. W.P.(C) No. 1795/2004 and W.P.(C) No 2307/2004 were filed by the President, Anipur Gaon Panchayat and the members of the Anipur Gaon Panchayat who initiated the move being aggrieved by the interference made by the Chief Executive Officer, Karimganj Zilla Parishad (for short 'Zilla Parishad) have filed W.P.(C) No. 3085/2004. This Court by order dated, 30.3.2004 has stayed the process which is sought to be vacated by an application registered as MC No 1800/2004. As the issues are common, the Petitioners were heard together and are being disposed of by this common judgment.

2. I have heard Mr G.K. Bhattacharjee, Senior Advocate assisted by Mr. M.H.R. Bhuiyan, Advocate for the Petitioner in W.P.(C) Nos. 1795/2004 and 2307/2004 and Dr. B. Ahmed, Advocate for the Petitioner in W.P.(C) No 3085/2004. Mr. K.C. Mahanta, GA, Assam, for the official Respondents was heard.

3. The facts lying in a short compass are that on 25.2.2004 the Respondent members of the Panchayat submitted a requisition with its


















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