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2022 Supreme(Gau) 597

R. M. CHHAYA, SOUMITRA SAIKIA
Luthfa Begum Laskar, W/o Altaf Hussain Laskar – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
For the Appellant :Mr. M.H. Laskar, Advocate
For the Respondents:Mr. K. Konwar, Standing Counsel, P. & R.D., Ms. M. Bhattacharjee, Addl. Senior Govt. Advocate, Mr. S.K. Talukdar, Advocate

JUDGMENT :

(Soumitra Saikia, J.)

1. Heard Mr. M.H. Laskar, learned counsel for the appellant. Also heard Mr. K. Konwar, learned Standing Counsel, Panchayat & Rural Development Department for the respondent Nos. 1,3,4,5 and 6; Ms. M. Bhattacharjee, learned Additional Senior Government Advocate, Assam for the respondent No. 2 as well as Mr. S.K. Talukdar, learned counsel for the respondent Nos. 7 to 14.

2. The core issue in the present proceedings relates to the No Confidence Motion brought against the appellant as the President of Sonabarighat Gaon Panchayat in Cachar District. The appellant was elected as the President of Sonabarighat Gaon Panchayat pursuant to the panchayat election held in the year 2018. On 03.07.2020, a requisition notice was submitted by the respondent Nos. 7 to 14 for holding a special meeting under Section 15 of the Assam Panchayat Act, 1994 (for short, hereinafter referred to as ‘the Act of 1994’) for moving a No Confidence Motion against the appellant. On 21.08.2020, a Resolution of No Confidence Motion was passed against the appellant. The appellant being aggrieved, approached this Court by filing a writ petition being WP(C) No. 3411/2020, assailing the Re

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