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2022 Supreme(Gau) 864

ACHINTYA MALLA BUJOR BARUA
NIBHA PATHAK W/O BINOD PATHAK – Appellant
Versus
STATE OF ASSAM – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: S.B. CHOUDHURY.

JUDGMENT :

ACHINTYA MALLA BUJOR BARUA, J.

1. Heard Ms. S.B. Choudhury, learned counsel for the petitioner and Mr. N.K. Dev Nath, learned counsel for the respondents No. 1 to 4, being the authorities under the P&RD of the Government of Assam. Also heard Mr. H. Sarma, learned Addl. Senior Government Advocate for the respondents No. 5 and 10, respectively being the Deputy Commissioner, Barpeta and the Block Development Officer, Bhawanipur Development Block and Mr. M. Sarania, learned counsel for the private respondents No. 6 to 9 being the members of the No. 9 Pub Paka Gaon Panchayat.

2. The petitioner is the President of No. 9 Pub Paka Gaon Panchayat under the Bhawanipur Anchalik Panchayat. Eight members of the said Gaon Panchayat made a requisition for a special meeting of No-Confidence on 24.01.2022 under Section 15(1) of the Assam Panchayat Act, 1994 (for short ‘the Act of 1994’). A stand is taken that subsequently two of the members out of the eight who had given requisition for the special meeting had withdrawn as per the letter dated 21.03.2022. Be that as it may, as the petitioner President did not approve the convening of the said special meeting for No-Confidence, the Secretary

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