Gauhati High Court
Dhanada Das Bora vs The State Of Assam And 14 Ors on 21 October, 2020
Author: Suman Shyam
Bench: Suman Shyam
Page No.# 1/5
GAHC010150002020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 4530/2020
1:DHANADA DAS BORA
W/O SRI BHUPEN BORA, PRESIDENT JALJALI GAON PANCHAYAT, R/O P.O.
JALJALI, P.S. MANGALDAI, DIST. DARRANG, ASSAM, PIN-784529
VERSUS
1:THE STATE OF ASSAM AND 14 ORS
REP. BY THE ADDITIONAL CHIEF SECRETARY, PANCHAYAT AND RURAL
DEVELOPMENT DEPTT. GOVT. OF ASSAM, GUWAHATI-781006
2:THE COMMISSIONER
RURAL DEVELOPMENT DEPTT. GOVT. OF ASSAM
GUWAHATI-781026
3:THE DEPUTY COMMISSIONER
DARRANG
MANGALDAI PLANNING BRANCH
P.O. AND P.S. MANGALDAI
DIST. DARRANG
ASSAM
PIN-784125
4:THE CHIEF EXECUTIVE OFFICER
DARRANG DISTRICT PARISAD
P.O. AND P.S. MANGALDAI
DIST. DARRANG
ASSAM
PIN-784125
5:THE CHAIRMAN
PACHIM MANGALDAI ANCHALIK PANCHAYAT
P.O. AND P.S. MANGALDAI
DIST. DARRANG
ASSAM
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PIN-784125
6:THE BLOCK DEVELOPMENT OFFICER
PACHIM MANGALDAI DEVELOPMENT BLOCK CUM SECRETARY PACHIM
MANGALDAI ANCHALIK PANCHAYAT
P.O. AND P.S. MANGALDAI
DIST. DARRANG
ASSAM
PIN-784125
7:THE SECRETARY
JALJALI GAON PANCHAYAT P.O. JALJALI
P.S. MANGALDAI
DIST. DARRANG
ASSAM
PIN-784125
8:MINU DAS
MEMBER CUM VICE PRESIDENT JALJALI GAON PANCHAYAT WARD NO. 6
DIST.DARRANG
ASSAM
PIN-784529
9:MADAN SAIKIA
MEMBERJALJALI GAON PANCHAYAT WARD NO. 6
DIST.DARRANG
ASSAM
PIN-784529
10:PINKU SAHARIA
MEMBERJALJALI GAON PANCHAYAT WARD NO. 6
DIST.DARRANG
ASSAM
PIN-784529
11:AMIR HUSSAIN
MEMBERJALJALI GAON PANCHAYAT WARD NO. 6
DIST.DARRANG
ASSAM
PIN-784529
12:RUNU BALA SAIKIA
MEMBERJALJALI GAON PANCHAYAT WARD NO. 6
DIST.DARRANG
ASSAM
PIN-784529
13:RUNU BALA SAIKIA
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MEMBER JALJALI GAON PANCHAYAT WARD NO. 6
DIST.DARRANG
ASSAM
PIN-784529
14:LAKHESWAR DEKA
MEMBER JALJALI GAON PANCHAYAT WARD NO. 6
DIST.DARRANG
ASSAM
PIN-784529
15:MANOJ BANIA
MEMBER JALJALI GAON PANCHAYAT WARD NO. 3
DIST.DARRANG
ASSAM
PIN-78452
Advocate for the Petitioner : MR. P K SHARMA
Advocate for the Respondent : SC, PNRD
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 21-10-2020 Heard Mr. P.K. Sarma, learned counsel for the writ petitioner. Assailing the resolution adopted in the special meeting held on 03-10-2020 expressing no- confidence against the petitioner as the President of the Gaon Panchayat and the subsequent approval granted by the Deputy Commissioner, the present petition has been filed inter alia contending that the entire exercise is vitiated by arbitrariness and illegality inasmuch as the respondents have not even adhered to the mandate of Section 15(1) of the Assam Panchayat Act, 1994. Mr. Sarma, therefore, prays for setting aside the Page No.# 4/5 impugned resolution and also to order reinstatement of his client in the office of the President of the Gaon Panchayat.
Mr. A.C. Sarma, learned Sr. counsel assisted by Mr. B. Haldar, learned counsel has appeared on behalf of the respondent Nos. 8 to 15 on the strength of a caveat and submits that his client has already taken over charge in the office of the President of the Gaon Panchayat and therefore, no interim order is called for at this stage. Learned Sr. counsel, however, prays for some time to file affidavit on behalf of the respondents. Ms. M. Bhattacharjee, learned Govt. Advocate, Assam and Mr. A. Roy, learned standing counsel, P&RD Department, Assam pray for some time to obtain instruction and file affidavit.
Prayer allowed.
Issue notice of motion returnable on 26-11-2020. Since, Mr. Roy has appeared and accepted notice on behalf of respondent Nos. 1, 2, 4, 6 and 7 and Ms. Bhattacharjee has accepted notice on behalf of respondent Nos. 3 and 5, no formal notice is required to be sent to the said respondents. Likewise, respondent Nos. 8 to 15 are also represented in this case by Mr. Haldar, therefore, service of notice is deemed to be complete in this case.
Extra copies of the writ petition, requisite in numbers, be furnished to the learned departmental so as to enable them to obtain instruction. Taking note of the urgency expressed in the matter by Mr. P.K. Sarma, learned counsel for the petitioner, the respondents are granted time till 20-11-2020 to bring their stand on Page No.# 5/5 record by filing affidavit, if so advised.
Petitioner may thereafter file rejoinder.
Office to list this case again on 26-11-2020 as a fixed item. On the next date fixed the learned departmental counsel to produce the records of the proceeding.
An endeavor shall be made to dispose of the writ petition at the stage of admission hearing.
Caveat stands discharged.
List accordingly.
JUDGE GS Comparing Assistant