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2017 Supreme(Gau) 898

SUMAN SHYAM
Monir Uddin, S/o. Lt. Abdul Motleb – Appellant
Versus
State of Assam, represented by the Commissioner & Secretary to the Govt. of Assam (PRD) Deptt. – Respondent


Advocates Appeared:
For the Petitioner: Mr. M. Choudhury, Sr. Adv. Mr. A.M. Khan, Adv.
For the Respondents:Mr. Y. Doloi, AAG, Assam. Mr. R. Ali, Advocate.

JUDGEMENT AND ORDER :

1. Heard Mr. M. Choudhury, learned senior counsel assisted by Mr. A. M. Khan, learned counsel for the petitioner. Also heard Mr. Y. Doloi, learned Additional Advocate, Assam, representing the official respondents as well as Mr. R. Ali, learned counsel representing the private respondents.

2. In this writ petition, the resolution adopted in the meeting of the 73 No. Tarakandi Gaon Panchayat, on 27/10/2016, removing the writ petitioner from the post of President of the Gaon Panchayat has been put to challenge.

3. The facts of the case, in a nutshell, is that the petitioner was elected as the President of the aforesaid Gaon Panchayat in the elections held in the year 2013. On 12/10/2016, 6 (six) members of the said Gaon Panchayat submitted a requisition requesting for convening a special meeting to discuss no-confidence proposal brought against the President and the Vice President of the Gaon Panchayat. In terms of Section 15(5) of the Assam Panchayat Act, 1994, when a request for special meeting is submitted for removal of both the President and the Vice President, the Secretary of the Gaon Panchayat is required to report the matter to the President of the concerne












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