JUDGMENT AND ORDER (ORAL)

Heard Mr. A. K. Talukdar, learned counsel for the petitioner. Also heard Mr. T. C. Chutia, learned State counsel, appearing for respondents No. 1 to 4, Mr. N. H. Barbhuiya, learned counsel for respondents No. 6, 7, 10, 11, 12 and 14, Mr. S. A. Ahmed, learned counsel for respondents No. 8, 9, 13 and 15. None appears for respondent No. 5 during the entire course of the proceeding.

2. On the request of the learned counsel for the parties, the writ petition has been heard at the admission stage itself and is being disposed of by this order.

3. The challenge in this writ petition is to a resolution dated 31.03.2014 expressing want of confidence against the petitioner, who was the elected President of Masughat Gaon Panchayat. The post of President was reserved for woman candidate belonging to Scheduled Caste.

4. The pleaded case in the writ petition is that on the basis of a letter dated 17.03.2014, issued by the Deputy Commissioner, Cachar, Silchar, a special meeting was held on 31.03.2014 by the respondent No. 3, i.e., Block Development Officer, Borkhola Development Block, to consider No Confidence Motion against the petitioner on the basis of a requisition notice dated 31.01.2014 submitted by respondents No. 6 to 15. In the requisition notice, certain allegations were made against the petitioner. It is averred by the petitioner that the requisition was never placed before her either by the Secretary of the Gaon Panchayat or by the members, who had signed the requisition, to accord approval for holding a special meeting for discussing No Confidence Motion and, thus, without the knowledge of the petitioner, after 15 days of the date of the requisition, the Secretary of the Gaon Panchayat referred the matter to the Borkhola Anchalik Panchayat by communication dated 15.02.2014 with a false noting that though the requisition had been placed before the petitioner for taking necessary approval, she did not accord approval citing certain legal implications. However, no meeting was held by the Anchalik Panchayat and, thereafter, respondent No. 3 addressed a communication dated 26.02.2014 to the Deputy Commissioner, Cachar, for taking necessary action as the concerned Anchalik Panchayat had failed to hold the meeting within seven days. On 17.03.2014, a letter was issued by the Additional Deputy Commissioner, Cachar, instructing the respondent No. 3 to take step as per Section 15 of the Assam Panchayat Act, 1994 (for short, ‘the Act’) and, based on the said instructions, a notice dated 21.03.2014 was issued by the respondent No. 3 for holding the meeting on 31.03.2014 for discussing the No Confidence Motion.

5. Assuredly, the petitioner has sought to highlight the infractions of the provisions of Section 15 of the Act leading to adoption of resolution of No Confidence against the petitioner.

6. An affidavit, dated 09.06.2014, sworn by the respondent No. 6 on her behalf and on behalf of the respondents, except respondent No. 9, was filed. However, the seal of the Court on the said affidavit is dated 20.06.2014. In the said affidavit, while highlighting the irregularities committed by the petitioner, the respondents had asserted that the deponent had submitted the requisition letter to the petitioner on 01.02.2014, which was received by the petitioner by putting her signature and, therefore, the petitioner had the knowledge of the requisition and despite that the petitioner did not hold the meeting. Annexure-1 to the affidavit is the letter of requisition dated 30.01.2014, which, statedly, bears the signature of the petitioner.

7. The respondent No. 3 filed affidavit stating that as per instructions of the Deputy Commissioner, Cachar, contained in the letter dated 17.03.2014, a meeting was held to discuss No Confidence Motion against the petitioner in which voting was resorted to under secret ballot and the outcome was that 9 members voted against the petitioner and thus No Confidence Motion was carried. In the affidavit of

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