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2016 Supreme(Gau) 234

INDIRA SHAH, N.CHAUDHURY
DHIRENDRA CHANDRA DAS – Appellant
Versus
STATE OF ASSAM – Respondent


Advocates:
Advocate Appeared:
for the Appellants :Mr. KN Choudhury Sr. Advocate Mr. M Khan, Mr. J Rahman Advs, Mr. MH Laskar, Mrs. S Roy, Mr. BK Das Advs
For the Respondents:Mr. D Das Sr. Advocate Mr. SS Dey Sr. Advocate Mr. HI Choudhury, Mr. G Uddin, Mr. S Banik, Mr. M Hassan, Dr. B Ahmed, Mr. HRA Choudhury Advs. Mr. G Sarma, Govt. Adv. (Assam)

ORDER :

N. Chaudhury, J.

Whether President of a Gaon Panchayat is a member within the meaning of Section 15 of the Assam Panchayat Act, 1994 is the common question to be answered in these three writ appeals. Although they are based on three different sets of facts but answer to this question shall be the key point in deciding all these three appeals for which they have been listed together.

2. Writ Appeal No. 27/2015 arises out of an interim order granted by Hon’ble Single Judge on 31.01.2015 keeping the proceedings of no confidence motion against President of Nagendra Nagar Gaon Panchayat held on 21.01.2015 relying on an earlier judgment of this court in the case of Fakrun Nessa Choudhury v. State of Assam reported in (2012) 5 GLT 107. As many as 7 members of Nagendra Nagar Gaon Panchayat under Ramkrishna Nagar Anchalik Panchayat in the district of Karimganj made a requisition on 24.12.2014 for a special meeting. The meeting was not held within the statutory period for which it was referred to the Anchalik Panchayat by the Secretary of the Gaon Panchayat on 08.01.2015. Under the scheme of the Assam Panchayat Act, 1994, the concerned Anchalik Panchayat was supposed to hold the meeting































































































































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