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Showing contexts for: SILCHAR in Nazrul Islam Laskar vs The State Of Assam And 7 Ors on 26 June, 2020Matching Fragments
7) As he is now father of four children, the petitioner stated that the respondents in the P&RD Page No.# 4/10 Department have taken steps to remove him from the post of Group Member of said Group No. 10 of 128 No. Buribali Gaon Panchayat and in that regard the Deputy Commissioner, Cachar, Silchar by Order No. CDT(t)156/56/2018/212 dated 29.02.2020 removed the petitioner, Group Member of Ward No. 10 of 128 No. Buribali Gaon Panchayat under Salchapara Development Block (Annexure-D to the writ petition). Resulting to that the Chief Executive Officer of Cachar Zilla Parishad by his communication No. CZP.529/Corresp. (All PRI's)/2019/30 dated 11.06.2020 had directed the Block Development Officer, Salchapara Development Block, District-Cachar to take necessary steps against the petitioner, under the provisions of Section 111(2) of the Assam Panchayat Act, 1994 and the provisions of the Rule 62(1)(g) of the Assam Panchayat (Constitution) Rules 1995 as amended, for his removal from the said post (Annexure-E to the writ petition).
9) Mr. Kaushik, learned counsel for the petitioner stated that amended provisions of said 1994 Act and 1995 Rules are under challenge in a writ petition being WP(C) No. 510/2020, wherein a Division Bench of this court on 28.01.2020 issued notice to the respondents therein and the matter is pending for disposal (Annexure-H to the writ petition). Mr. Kaushik further stated that the petitioner on 15.06.2020 submitted a representation before the Deputy Commissioner, Cachar, Silchar, with a copy to the Chief Executive Officer, Cachar, Silchar, praying to allow him to discharge the functions of Group Member of the said Gaon Panchayat and to suspend the impugned action against him, Page No.# 5/10 (Annexure-G to the writ petition) and that his said representation has not yet been disposed off.
10) Hence this writ petition by the petitioner praying, amongst others, to set aside and quash the impugned order of the Deputy Commissioner, Cachar, Silchar dated 29.02.2020 (Annexure-D) as well as the consequential communication of the Chief Executive Officer, Cachar Zilla Parishad dated 11.06.2020 (Annexure-E). He being an elected member, the petitioner has also prayed for necessary order to the respondents not to remove him from the post of Group Member of Ward No. 10 of 128 No. Buribali Gaon Panchayat.
13) Mr. Nath stated that the fact of having the 4 th child by the petitioner was brought to the Page No.# 6/10 notice of the Deputy Commissioner, Cachar, Silchar. Thereafter, pursuant to the letter of the Additional Deputy Commissioner, Cachar, Silchar dated 01.12.2019; the matter in that regard was enquired into by the concerned Election Officer cum Executive Magistrate, Cachar, Silchar and in his enquiry report the allegation of having the 4 th child by the petitioner found to be genuine. For that reason the Deputy Commissioner, Cachar, Silchar by Order No. CDT(t)156/ 56/2018/212 dated 29.02.2020 removed the petitioner as the Gram Panchayat Member of Ward No. 10 of 128 No. Buribali Gaon Panchayat under Salchapara Development Block (Annexure-D to the writ petition). Mr. Nath stated that referring the said order of the Deputy Commissioner, Cachar, Silchar dated 29.02.2015, the Chief Executive Officer of Cachar Zilla Parishad, Silchar by letter No. CZP.529/Corresp. (All PRI's)/2019/30 dated 11.06.2020 requested the Block Development Officer of Salchapara Development Block to take immediate necessary steps against the petitioner for his removal from the post of Group Member of Ward No. 10 of 128 No. Buribali Gaon Panchayat under the provisions of Rule 62 of said 1995 Rules and as required under the provisions of Section 111 (2) of said 1994 Act (Annexure-E).