JUDGMENT :

The writ petition under Article 226 of the Constitution of India has been instituted by the petitioner assailing the proceedings, purportedly initiated by a requisition notice submitted by 6 [six] nos. of Ward Members of 79 Rangchali Gaon Panchayat, District – Dibrugarh on 16.06.2021, in its entirety, which proceedings had finally culminated in a special meeting held on 24.06.2021, in the office of 79 Rangchali Gaon Panchayat. In the special meeting held on 24.06.2021, the alleged motion of no confidence initiated against the petitioner for the purpose of removing her from the office of the President, 79 Rangchali Gaon Panchayat was put to secret voting and on counting, 6 [six] votes were found to have cast in favour of the motion of no confidence. By Resolution no. 1 adopted in the said special meeting, the Secretary of 79 Rangchali Gaon Panchayat was given the responsibility to forward the proceedings of the special meeting to the higher authorities stating that 6 [six] nos. of Ward Members had withdrawn their support from the petitioner as the President, 79 Rangchali Gaon Panchayat.

2. In the General Panchayat Election held in the year 2018, the petitioner submitted her nomination for the post of President, 79 Rangchali Gaon Panchayat [‘Rangchali Gaon Panchayat’, for short]. In the General Panchayat Election so held, the petitioner got herself elected to the post of President, Rangchali Gaon Panchayat, as per the provision of Section 6[1][b] of the Assam Panchayat Act, 1994 [‘the Act, 1994’, for short]. In the said General Panchayat Election, the respondent nos. 6 – 11 along with 4 [four] others also got elected as Ward Members of Rangchali Gaon Panchayat. Apart from the directly elected President, Rangchali Gaon Panchayat is consisted of 10 [ten] nos. of Ward Members. After the election, the respondent no. 7 got elected as the Vice-President of Rangchali Gaon Panchayat in terms of the provisions of Section 6[3] of the Act, 1994.

3. The projected case of the petitioner, in brief, is that the petitioner was served a letter by the Secretary of the Rangchali Gaon Panchayat on 16.06.2021 informing that the Block Development Officer, Khowang Development Block had sent a letter dated 16.06.2021. It was informed that 6 [six] nos. of Ward Members of the Rangchali Gaon Panchayat by submitting a complaint had brought a motion of no confidence against the petitioner. The Block Development Officer, Khowang Development Block had, by the letter dated 16.06.2021, asked the Secretary of Rangchali Gaon Panchayat to convene a meeting within a period of 15 [fifteen] days therefrom. The Secretary had, thus, requested the petitioner by his letter dated 16.06.2021 to convene a meeting within a period of 12 [twelve] days to sort out the matter. A copy of the letter dated 16.06.2021 of the Block Development Officer, Khowang Development Block was enclosed by the Secretary of Rangchali Gaon Panchayat with his letter dated 16.06.2021.

3.1. On receipt of the letter dated 16.06.2021 from the Secretary of Rangchali Gaon Panchayat, the petitioner requested the Secretary of Rangchali Gaon Panchayat to forward the complaint allegedly submitted by the respondent nos. 6 – 11 so as to make herself aware of the nature of allegations that the petitioner was required to meet and also to fix a date for holding a meeting. But to her utter surprise the Secretary of Rangchali Gaon Panchayat instead of providing a copy of the complaint, informed the petitioner on or about 23.06.2021 to be present in a special meeting, scheduled on 24.06.2021, to discuss a motion of no confidence brought against her. According to the petitioner, the petitioner and the Ward Members of Rangchali Gaon Panchayat attended the special meeting on 24.06.2021. Before initiation of the proceedings of the special meeting, the petitioner once again requested the Secretary of Rangchali Gaon Panchayat to provide her a copy of the alleged complaint submitted by 6 [six] nos. of Ward Members of