JUDGMENT :

The petitioner has instituted the writ petition under Article 226 of the Constitution of India to challenge a resolution adopted in a special meeting convened on 01.06.2020 to discuss a motion of no confidence brought against her for her removal from the office of the President of 101 no. Larsing Gaon Panchayat.

2. The background facts which have led the petitioner to institute the instant writ petition can be, briefly, narrated as follows :

3. In the General Panchayat Election held in the year 2018, the petitioner submitted her nomination for the post of President of 101 no. Larsing Gaon Panchayat, District – Cachar. In the General Panchayat Election so held, the petitioner got elected to the post of President of 101 no. Larsing Gaon Panchayat [hereinafter also referred to as ‘Larsing Gaon Panchayat’, for short] as per provision of Section 6[1][b] of the Assam Panchayat Act, 1994. In the said General Panchayat Election, the respondent nos. 5 – 11 also got themselves elected as Ward Members of Larsing Gaon Panchayat. Apart from the directly elected President, Larsing Gaon Panchayat is consisted of 10 [ten] nos. of Ward Members. After the election, the respondent no. 5 got elected as the Vice-President, Larsing Gaon Panchayat in the manner laid down in Section 6[3] of the Assam Panchayat Act, 1994.

3.1. On 18.05.2020, 7 [seven] nos. of Ward Members, Larsing Gaon Panchayat submitted a requisition notice, addressed to the Secretary of Larsing Gaon Panchayat i.e. the respondent no. 4, expressing want of confidence in the President, Larsing Gaon Panchayat i.e. the petitioner and sought for convening of a special meeting to discuss the motion of no confidence.

3.2. On 29.05.2020, the Secretary of Larsing Gaon Panchayat issued notices inter aliato the petitioner as the President of Larsing Gaon Panchayat as well as to the Vice-President and other Ward Members of Larsing Gaon Panchayat to attend a special meeting convened at 1200 p.m. on 01.06.2020 at the venue – Birsamunda Community Hall to discuss a motion of no confidence brought against the petitioner by 7 [seven] nos. of Ward Members of Larsing Gaon Panchayat. The special meeting so scheduled, was accordingly held at the time, date and venue indicated in the notice dated 29.05.2020. From the proceedings of the special meeting, it is noticed that the Vice-President of Larsing Gaon Panchayat presided over the special meeting. 9 [nine] Ward Members of Larsing Gaon Panchayat attended the special meeting by subscribing their signatures on the attendance sheet. In the special meeting, it was decided to adopt the process of secret voting to decide the fate of the motion. The ballot papers were accordingly distributed to the Ward Members including the Vice-President, Larsing Gaon Panchayat. The Ward Members exercised their options in the ballot papers. On counting, 7 [seven] nos. of votes were found to have cast in favour of the motion and 2 [two] nos. of votes were against the motion. It was thereafter, declared that the petitioner had lost the motion of no confidence to continue in the office of the President, Larsing Gaon Panchayat.

4. I have heard Mr. M.H. Laskar, learned counsel for the petitioner; Mr. N.K. Dev Nath, learned Standing Counsel, Panchayat & Rural Development [P&RD] Department for the respondent nos. 1, 3 & 4; Mr. M. Chetia, learned Junior Government Advocate, Assam for the respondent no. 2; and Mr. J.U.N.M. Laskar, learned counsel for the respondent nos. 5 – 11.

5. The pleaded case of the petitioner is that she was never served with a copy of the requisition notice dated 18.05.2020. Mr. M.H. Laskar, learned counsel for the petitioner has contended that the requisition notice dated 18.05.2020 was never brought to the petitioner’s knowledge and by keeping the petitioner in dark, the Secretary, Larsing Gaon Panchayat issued the impugned notice dated 29.05.2020, whereby the special meeting was convened on 01.06.2020. Having come to learn about the issuance of the notic