Judgment · High Court · 2009

on behalf of the writ petitioner. By this application the applicants have prayed for vacation/modification of the interim order dated 2/3/09 passed in WP'No.5266/2008. Vide order dated 2/3/09, the learned Single Judge has passed the following order: (cid:28)02-03-2009 Heard Mr. AK Goswami, learned senior counsel appearing for the petitioner. Dr. B Ahmed, learned counsel appears for private respondent nos.5 and 8. Ms. VL Sinh a, learned Govt. Advocate represents the official respondents. The petitioner, who was the elected President of the Kriushnapur Bhairabnagar Ga on Panchayat has filed the present writ petition, to challenge the order passed on 26.9.2008 by the chief Executive Officer, Cachar Zilla Parishad, Silchar, whe reby the Executive Officer of the Salchapra Anchalik Panchayat was asked to disc harge the functioning of the Gaon Panchayat. In view of the resolution purporte d to have been passed on 5.8.2008, for removal of the writ petitioner as the Pre sident of the Gaon Panchayat and the purported approval granted by the Dy.Commis sioner, Cachar to the said resolution on 26.9.2008. While issuing notice of motion on 17.12.2008, this Court noted the submissions m ade by the petitioner’s counsel that the no confidence motion against the writ p etitioner was orchestrated at the instance of the respondent No.8, a previous me mber of the Gaon Panchayat, who in close co-operation with respondent No.5 (his wife and who is also the President of the Anchalik Panchayat), acted together fo r non bonafide reasons. Although the private respondent Nos.5 and 8 are represented by the learned couns el, no objection by way of any affidavit, in response to the allegations made in the writ petition and this Court’s order dated 17.12.2008 has been filed by the m. In view of above, while granting further time to the learned Govt. Advocate and also to Dr. B.Ahmed, learned counsel for the private respondent Nos.5 and 8 to f ile their appropriate response, I am of the considered opinion that the impugned orders dated 26.9.2008 (Annexure I) and 17.10.2008(Annexure F-2)respectively , passed by the Executive Officer, Salchapra Anchalik Panchayat should remain stay ed. It is ordered accordingly. The above interim order is passed, subject to further orders of the Court, which can be considered after appropriate responses are filed. (cid:29) In pursuance of the liberty so granted in the aforesaid order, this application for vacating the interim order has been filed by the applicants/all the private respondents, both original and subsequently added. From the averments made in the writ petition as well as in this misc. ca se and the supporting documents annexed thereto it transpires as follows: The writ petitioner is the elected President of Krishnapur Bhairabnagar Gaon Panchayat under Salchapra Anchalik Panchayat in the district of Cachar. No - Confidence Motion was brought against him by the 6 Members of the Gaon Panchay at on 12/7/08. Although it is alleged by the applicants that in fact the writ p etitioner passed an order allowing for holding No- Confidence Motion on 25/7/08 but yet the same was not held. Consequently, in terms of the provision of Secti on 15(1) of the Assam Panchayat Act, 1994, No-Confidence Motion not having been held within statutory period of 15 days, the matter was referred to the Presiden t, Salchapra Anchalik Panchayat by the Secretary of the Gaon Panchayat on 31/7/0 8. Pursuant to the aforesaid reference, the Anchalik Panchayat decided to hold the No -Confidence Motion on 5/8/08 and accordingly, notices were issued to the concerned parties. On 5/8/08, No -Confidence Motion was held and the following resolution was adopted: (cid:28)Resolution No.1 The letter No.KBGP/NCM/2008-09/4 dtd 31/7/08 of the G.P. Secretary addressed to the A.P. President, Salchapra A.P. and requisition dated 14/07/08 for No-Confide nce Motion addressed to the G.P. Secretary signed by 6 Members of the G.P. were placed and read out in the meeting and after thread bar discussion of the allega tion against the G.P. President Krishnapur-Bhairabnagar, the following resolutio n were adopted unanimously: Although, six signatories were in the notice dtd. 14/07/08 but in the meeting 7 members attended. Therefore, the motion of the No-Confidence against the G.P. P resident put to vote by secret ballot, the result of the secret vote as follows: For the motion of the No-Confidence Against the motion of the No-Confidence -7 -Nil ------------------- 7 Total - Thus the motion of No-confidence against the Sri Ali Ahmed Mazumdar, President, Krishnapur-Bhairabnagar G.P. was passed by all the 7 Members present i.e. 2/3 of the majority. (cid:29) Although the petitioner alleged that in the aforesaid meeting he was threatened not to enter in the said meeting by one H.R.Barbhuiyan but no such allegation ha s been raised by the writ petitioner to that effect before any authority. The a foresaid No- Confidence Motion was attended by 7 elected Members as well as Govt . officials and all the 7 Members voted against the writ petitioner and supporte d the No-Confidence Motion. In view of such a situation the allegation levelled by the petitioner in paragraph 2(g) of the writ petition prima facie is difficult to accept. After completion of the No-Confidence Motion, Executive Officer of the Anchalik Pancha yat passed an order on 17/10/08 to the effect that the Dy. Commissioner, Cachar has approved the resolution so adopted in the said meeting vide order dated 26/9 /08 asking the Executive Officer, Anchalik Panchayat to take follow-up action in that regard. Even after losing the No-Confidence Motion, when the writ petitioner did not hand over the charge of the Chairman of the Gaon Panchayat, a writ petition being WP'No. 4144/08 was filed at the instance of the private respondents. But the said writ petition was closed vide order dated 5/11/2008 with the following order: (cid:28)In view of the fact that the respondent No.2 has already approved the removal o f the respondent No.7 from the Officer of the President and in view also of the fact that respondent No.3 has already published an order, on 18.10.08, as indica ted hereinabove, allowing the Vice-President of the said panchayat to perform th e functions, exercise the powers and discharge the duties of the President of th e said panchayat, nothing survives in this writ petition. This writ petition is , therefore, closed and the same shall accordingly stand disposed of. No order as to cost. (cid:29) It is stated that in terms of the aforesaid development the Vice Preside nt took over the charge of the President and is functioning. At that stage, aft er a gap of 4 months of passing the resolution of No-Confidence Motion, the pres ent writ petition is filed by the writ petitioner wherein the interim order was passed as quoted hereinabove. In view of the above fact situation, it is seen that No- Confidence Moti on dated 5/8/08 was passed in terms of Section 15(1) of the Assam Panchayat Act, 1994 and the interim order was passed in view of not filing any counter to the interim prayer by the respondents. Upon such factual assessment, as reflected from the various documents an nexed by both the parties, I am of the opinion that the interim order dated 2/3/ 2009 is required to be vacated. It is ordered accordingly. Misc. case stands closed.