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2022 Supreme(Gau) 399

MANISH CHOUDHURY
Sujit Saha S/o Subal Saha – Appellant
Versus
State of Assam, Represented by the Commissioner & Secretary – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. T. J. Mahanta, Senior Advocate, Mr. P.P. Dutta, Advocate.
For the Respondent:Mr. S. Dutta, Standing Counsel, Mr. M. Barman, Junior Government Advocate, Mr. K.P. Pathak, Advocate.

JUDGMENT :

By invoking extra ordinary jurisdiction under Article 226 of the Constitution of India, the petitioner has preferred this writ petition making an assailment to a resolution adopted in a special meeting held in the office of No. 8, Gobardhana Anchalik Panchayat on 14.10.2020 to discuss a motion of no confidence brought against the petitioner to decide his fate about continuing in the capacity of the President of No. 94, Khairabari Gaon Panchayat. In the special meeting held on 14.10.2020, the concerned resolution has been passed by holding that there was requisite two-third majority in favour of the motion of no confidence expressing lack of confidence in the petitioner.

2. The relevant background facts leading to the holding of the special meeting in the office of the Gobardhana Anchalik Panchayat can be exposited, in brief, as follows :

2.1. In the General Panchayat Election held in the year 2018, the petitioner submitted his nomination for the post of President of No. 94, Khairabari Gaon Panchayat within the territorial jurisdiction of Gobardhana Anchalik Panchayat [‘the Anchalik Panchayat’, for short] and Barpeta Zilla Parishad [‘the Zilla Parishad’, for short], District

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