The court emphasized that the President duly elected continues to discharge the functions as per the Assam Panchayat Act, 1994, and directed the authorities to comply with the law.

JUDGMENT :

Heard Mr. S. B. Laskar, the learned counsel appearing on behalf of the Petitioner and Mr. S. Dutta, the learned Standing counsel appearing on behalf of the P&RD Department. I have also heard Mrs. S. Sharma, the learned Additional Junior Government Advocate appearing for the State.

2. The instant writ petition has been filed by the Petitioner being aggrieved by the actions of the Respondent Authorities in not allowing the Petitioner to perform the duties of the President of Pathakhauri Gaon Panchayat under Dullavcherra Development Block in spite of the fact that the No Confidence Motion which was passed against the Petitioner vide the resolution dated 25.07.2022 was interfered with by this Court.

3. The brief facts of the instant case is that in the year 2018, the Petitioner was elected as the President of Pathakhauri Gaon Panchayat under Dullavcherra Anchalik Panchayat (for short “the Gaon Panchayat in question”). A No Confidence Resolution was passed on 25.07.2022 against the Petitioner and resultantly, the Petitioner was removed from his post and the Respondent No.4 was allowed to take over the charge as In-charge President of the Gaon Panchayat in question. The Petitioner challenged the said No Confidence Resolution dated 25.07.2022 by filing a writ petition which was registered and numbered as WP(C) No.5142/2022.

4. This Court vide an order dated 20.12.2022 in WP(C) No.5142/2022 had set aside the resolution of No Confidence dated 25.07.2022 and directed for a fresh meeting for No Confidence Motion against the Petitioner to be held on 17.01.2023 in the Office of Pathakhauri Gaon Panchayat at 11 AM and under the supervision of an Officer to be deputed by the Deputy Commissioner, Karimganj. It has been alleged that the Secretary of the Gaon Panchayat did not take necessary steps. It has also been stated that the Petitioner on 12.01.2023 issued a letter requesting the Secretary to convene the special meeting in compliance to this Court’s order dated 20.12.2022 however, the Secretary refused to acknowledge the receipt of the letter dated 12.01.2023. The Petitioner further has alleged that he had informed the Block Development Officer, Dullavcherra Development Block vide notice dated 10.01.2023 for convening the special meeting on 17.01.2023 at 11 AM in the Office of the Deputy Commissioner, Karimganj. Further to that, it is also alleged in the writ petition that the special meeting as convened by the Block Development Officer, Dullavcherra Development Block was not held inasmuch as the Petitioner went to the venue of the meeting at 11 AM and waited till 4 PM but nobody appeared in the meeting and by virtue of the last proviso to Section 15 of the Assam Panchayat Act, 1994 (for short “the Act of 1994”), the No Confidence Motion against the Petitioner was deemed to have been lost.

5. It is the further case of the Petitioner that the Petitioner had submitted representation before the authorities and more particularly to the Deputy Commissioner, Karimganj to allow him to discharge his duties as the President of the Gaon Panchayat in question. However, the said Respondent Authorities did not take any action on the said representation and on the other hand had allowed the Respondent No.6 to continue as the In-charge President of the Gaon Panchayat in question. It is under such circumstances, the instant writ petition was filed on 13.02.2023.

6. The records reveals that this Court vide a detailed order dated 15.02.2023 issued notice returnable by 20.03.2023 and directed the Standing counsel of the P&RD Department to obtain the relevant records of the proceedings, if any, held pursuant to the directions passed by this Court in its order dated 20.12.2022 in WP(C) No.5142/2022.

7. It further appears from the materials on record that an affidavit-in-opposition was filed by the Respondent No.2 through the Block Development Officer, Pathakhauri Development Block. In the said affidavit-in-opposition, it was mentioned that a fresh meeting