JUDGMENT :

SOUMITRA SAIKIA, J.

This writ appeal is directed against the order dated 09.08.2021 passed by the learned Single Judge in W.P(C) No. 3333/2021. By the impugned order, the writ petition filed by the appellant assailing the order dated 18.05.2021, removing him as President of 35 no. Baghan Gaon Panchayat under Lowairpoa Anchalik Panchayat, was dismissed by the learned Single Judge.

2. The appellant was the President of 35 No. Baghan Gaon Panchayat under Lowairpoa Anchalik Panchayat in the District of Karimganj. On 22.01.2021, eight (8) members of Gaon Panchayat filed a requisition for a special meeting for no confidence motion against the appellant before the Secretary of the Gaon Panchayat. It is the submission of the appellant that the Secretary of the Gaon Panchayat forwarded the requisition dated 22.01.2021 to the President, Lowairpoa Anchalik Panchayat on 15.02.2021 without informing the President, of the 35 No. Baghan Gaon Panchayat namely the appellant herein. Thereafter, the President, Lowairpoa Anchalik Panchayat issued notice dated 17.02.2021 informing that 22.02.2021 was the date fixed of the meeting for no confidence motion against the appellant. In terms of the notice issued by the Lowairpoa Anchalik Panchayat, the special meeting was convened and held on 22.02.2021 whereby, no confidence motion against the appellant was moved and adopted. Thereafter, vide the order dated 15.05.2021, the appellant was removed as President of Lowairpoa Anchalik Panchayat. It is the submission of the learned counsel for the appellant that such procedure adopted by the Secretary, Lowairpoa Anchalik Panchayat and the President, Lowairpoa Anchalik Panchayat is in complete violation of the provisions of Section 15 of the Assam Panchayat Act, 1994 and the Rules made thereunder. Being aggrieved, the writ petition was preferred.

3. The learned Single Judge upon due consideration of the entire matter, dismissed the writ petition. Being aggrieved, the present appeal has been filed on the following grounds:

“I) For that, the learned Single Judge has erred in law as well as facts in passing the impugned Judgment and Order dated 09.08.2021 and as such, the same is liable to be set aside and quashed.

II) For that, the Hon’ble Single Judge committed error in dismissing the case only after perusal of the records at the motion stage itself without asking the respondents authorities to file the counter-affidavit, as such, the appellant/petitioner couldn’t get the chance to file his response challenging the genuineness of the records. It is submitted that the records were manipulated by the GP Secretary in connivance with the Anchalik Panchayat President and others. As such, the impugned order dated 09.08.2021 passed by the learned Single Judge in W.P(C) No. 3333/2021 is liable to be interfered with.

III) For that, the learned Single Judge wholly relied on the records produced by the counsel for the respondent authority which were in fact forged and manipulated. It is submitted that the Secretary of the G.P. never brought the requisition dated 22.01.2021 to the notice of the appellant/writ petitioner at any stage and fraudulently forwarded the same to the President of Anchalik Panchayat in gross violation of Section 15(1) of the Assam Panchayat Act, 1994. As such, the impugned order is liable to be set aside.

IV) For that, the learned Single Judge failed to consider the fact that although the impugned fraudulent no-confidence resolution was adopted on 22.02.2021 removing the appellant/writ petitioner from the post of GP President, but the Deputy Commissioner, Karimganj issued the impugned order dated 18.05.2021 after about 3 months from the date of adoption of the no-confidence resolution. Such order of the Deputy Commissioner authorizing the Vice-President to act as President for indefinite period is not sustainable in law being in violation of Section 10(1) of the Assam Panchayat Act which provided that in case any vacancy arises in the office of