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2022 Supreme(Gau) 207

MANISH CHOUDHURY
Mamtaj Begum W/o-Moinul Hoque Dhali – Appellant
Versus
State of Assam Represented by Commissioner & Secretary, to the Government of Assam, Panchayat & Rural Development Department, Dispur, Guwahati – Respondent


Advocates Appeared:
For The Appellant :Mr. T.H. Hazarika, Advocate.
For The Respondent:Mr. A. Roy, Ms. M. Barman, Junior Government Advocate, Mr. R.S. Mishra, Mr. R.K. Bhuyan, Mr. S. Banik, Advocate.

JUDGEMENT :

The writ petition under Article 226 of the Constitution of India has been preferred by the petitioner assailing the proceedings of a special meeting, held on 19.02.2021, wherein a motion of no confidence against the President of Dimaruguri Gaon Panchayat i.e. the petitioner had allegedly been passed by 2/3rd majority against her and all consequential actions taken thereupon. The petitioner has also challenged an order dated 25.06.2021 passed by the respondent no. 2, whereby, it has been notified that the office of the President of Dimaruguri Gaon Panchayat has stood vacated and as a consequence, the Vice-President of Dimaruguri Gaon Panchayat has been allowed to exercise the powers and perform and discharge all the functions and duties of the President of Dimaruguri Gaon Panchayat.

2. The case of the petitioner, as has been pleaded in the writ petition, is that in the Panchayat General Election held in the year 2019, the petitioner contested the election for the post of President, Dimaruguri Gaon Panchayat, District -Nagaon and she got elected for the said post.

2.1. On 19.01.2021, 7 [seven] nos. of Ward Members of Dimaruguri Gaon Panchayat submitted a requisition in writi

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