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2003 Supreme(Gau) 409

AMITAVA ROY
Basanti Das – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared
For Appellant/Petitioner/Plaintiff: A. Sharif, S.B. Coudhry, N. Ali and H. Ali, Advs.
For Respondents/Defendant: P. Roy, A.M. Mazumdar and R. Islam, Advs.

JUDGMENT

Amitava Roy, J.

1. The Petitioner has approached this Court being aggrieved by what she perceives to be a contravention of the precepts of Section 15 of the Assam Panchayat Act, 1994 (hereinafter referred to as the 'Act') in carrying the no confidence motion against her as the President of No. 117 Batarhat Gaon Panchayat (hereinafter referred to as the 'Panchayat') and the consequential order dated 5.5.2003 passed by the learned Deputy Commissioner, Dhubri permitting the Vice-President of the Gaon Panchayat to discharge and function of the President thereof till fresh elections are held for the office of President.

2. I have heard Mr. A. Sharif, learned Counsel for the Petitioner, Mr. P. Roy, learned State Counsel for the official Respondents as well as Agamoni Anchalik Panchayat (hereinafter referred to as the 'Anchalik Panchayat') and Mr. A.M. Mazumdar, learned Senior Counsel assisted by Mr. Islam, Advocate for the Respondent Nos. 7 to 13.

3. The primary facts have to be noticed to resolve the controversy. The case of the Petitioner as set out in the writ petition is that she belongs to scheduled caste community and she was duly elected as the President of the Gaon Panchayat


























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