JUDGMENT :

The writ petition under Article 226 of the Constitution of India has been instituted by the petitioner assailing the proceedings, initiated by a requisition notice submitted by 9 [nine] nos. of Ward Members of 101 no. Kenduguri Gaon Panchayat under Khagarijan Anchalik Panchayat and Nagaon Zilla Parishad on 20.07.2020, in its entirety, which proceedings had ultimately culminated in a special meeting, held on 07.08.2020, in the office of the Khagarijan Anchalik Panchayat, with the passing of a motion of no confidence against the petitioner. In the special meeting held on 07.08.2020, the alleged motion of no confidence initiated against the petitioner for the purpose of removing her from the post of President of 101 no. Kenduguri Gaon Panchayat was stated to have been passed with two-third majority since 9 [nine] nos. of Ward Members of Kenduguri Gaon Panchayat voted against the petitioner, that is, in favour of the motion by the process of secret ballots. The petitioner has also assailed an Office Order dated 21.10.2020 passed by the respondent no. 3 i.e. the Chief Executive Officer, Nagaon Zilla Parishad whereby the said authority had held that the petitioner had vacated the office of the President, Kenduguri Gaon Panchayat. By the Office Order dated 21.10.2022, the Vice-President, Kenduguri Gaon Panchayat [the respondent no. 10] was allowed to exercise all the powers, perform all the functions and discharge all the duties of the President, Kenduguri Gaon Panchayat in terms of the provisions contained in Section 13[2][d] of the Assam Panchayat Act, 1994.

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

2.1. In the General Panchayat Election held in the year 2018, the petitioner submitted her nomination for the post of President of 101 no. Kenduguri Gaon Panchayat. In the General Panchayat Election so held, the petitioner got elected to the post of President, 101 no. Kenduguri Gaon Panchayat [hereinafter also referred to as ‘Kenduguri Gaon Panchayat’, for short] as per the provisions of Section 6[1][b] of the Assam Panchayat Act, 1994. In the said General Panchayat Election, the respondent nos. 7 -15 also got themselves elected as Ward Members of Kenduguri Gaon Panchayat. Apart from the directly elected President, Kenduguri Gaon Panchayat consists of 10 [ten] nos. of Ward Members. After the election, the respondent no. 10 got elected as the Vice-President of the Kenduguri Gaon Panchayat in the manner laid down in Section 6[3] of the Assam Panchayat Act, 1994. On 20.07.2020, 9 [nine] nos. of Ward Members of Kenduguri Gaon Panchayat submitted a requisition notice, addressed to the Secretary of Kenduguri Gaon Panchayat i.e. the respondent no. 6, expressing want of confidence in the President of Kenduguri Gaon Panchayat i.e. the petitioner and sought for convening of a special meeting to discuss the motion of no confidence.

2.2. In a special meeting convened on 07.08.2020 at the office of the Khagarijan Anchalik Panchayat, 9 [nine] nos. of Ward Members of Kenduguri Gaon Panchayat i.e. the respondent nos. 7 – 15 attended the special meeting so convened to discuss the motion of no confidence, brought by them against the President, Kenduguri Gaon Panchayat i.e. the petitioner by the requisition notice dated 20.07.2020. The special meeting was presided over by the President, Khagarijan Anchalik Panchayat i.e. the respondent no. 5. For the purpose of deciding on the motion of no confidence, the process of secret voting was resorted to with ballot papers. The Ward Members of Kenduguri Gaon Panchayat cast their votes by way of secret ballots in the special meeting. On the ballot papers being counted, it was found that 9 [nine] nos. of Ward Members of Kenduguri Gaon Panchayat cast their votes in favour of the motion. Apart from the President, Kenduguri Gaon Panchayat, another Ward Member out of the 10 [ten] Ward Members of Kenduguri Gaon Panchayat was absent.