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2022 Supreme(Gau) 129

MANISH CHOUDHURY
Jahanara Ahmed W/o -Shamez Uddin Ahmed – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. T.J. Mahanta, Mr. R. Ali, Advocate.
For the Respondent:Mr. A. Roy, Mr. R. Talukdar, Mr. K.N. Choudhury, Mr. S.U. Ahmed, Advocate.

JUDGMENT :

The writ petitioner has approached this Court by the writ petition under Article 226 of the Constitution of India inter alia[a] assailing a notice dated 10.12.2020 submitted by 8 [eight] Ward Members of 88 No. Baghbar Gaon Panchayat seeking requisition of a special meeting to discuss a motion of no confidence against the petitioner; [b] seeking setting aside of a letter dated 28.12.2020 issued by the Secretary, 88 No. Baghbar Gaon Panchayat whereby the matter regarding requisitioning of a special meeting to discuss the motion of no confidence was referred to the President, Mandia Anchalik Panchayat; and [c] seeking setting aside of a resolution adopted in a special meeting held on 02.01.2021 wherein the motion of no confidence was passed against the petitioner.

2. The facts which are not in dispute can be stated as follows : In the General Panchayat Election, the petitioner was directly elected as the President of 88 No. Baghbar Gaon Panchayat. On 10.12.2020, a requisition was submitted by 8 nos. of Ward Members of 88 No. Baghbar Gaon Panchayat before the Secretary, 88 No. Baghbar Gaon Panchayat asking him to convene a special meeting to discuss a motion of no confidence a

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