Shiromoni Konwar vs State Of Assam And 7 Ors

Heard Mr. G. Uddin, the learned counsel for the petitioner. Also heard Mr. T. J. Mahanta, the learned Senior Counsel assisted by Mr. P. P. Dutta, the

learned counsel for the caveator/respondent Nos. 4, 5, 6, 7 and 8, Mr. N. Goswami, the learned State Counsel, Assam for the respondent No. 2 and

Mr. M. Nath, the learned Standing Counsel for the P&RD Department, Assam representing the respondent Nos. 1 and 3.

The petitioner who is the President of the Kamrup Metro Zilla Parishad after duly elected by the voters of Sonapur Zilla Parishad is aggrieved by a

letter dated 23.07.2021 issued by the District Development Commissioner, Kamrup (M) to the Chief Executive Officer, Kamrup Metro Zilla Parishad

thereby directing to convene a special meeting for no confidence motion against the petitioner fixing 28.07.2021. It is submitted by Mr. Uddin that the

said date fixed was deferred and fixed on 06.08.2021. It is contended by the learned counsel for the petitioner that the Chief Executive Officer of the

said Zilla Parishad collusively along with the Members of the Zilla Parishad had initiated no confidence motion and to that effect the said Chief

Executive Officer issued a letter dated 05.07.2021 to the petitioner/ President seeking for a date in order to hold the said special meeting. Referring to

the proviso of Section 73 Sub-Section 2 of the Assam Panchayat Act, 1994, it is the contention of Mr. Uddin that the Chief Executive Officer in a

Zilla Parishad has no role to play in convening a special meeting for no confidence motion. The role of the Chief Executive Officer comes into play

after the direction is given by the Deputy Commissioner to hold the meeting. Accordingly, he sought for an interim protection restraining the

respondents from holding the meeting fixed on 06.08.2021. Mr. Uddin further urged that no notice by the members was served upon the petitioner and

she is not at all aware to that effect that a move was going on to hold a special meeting on no confidence motion against her. Countering the said

submission of Mr. Uddin, Mr. Nath submitted a copy of the Peon book of the concerned Zilla Parishad wherefrom it is apparent that the Process

Server on 06.07.2021 tried to serve a copy of the said representation of the members which the petitioner refused to accept. Similarly, on 08.07.2021

another endeavor was made for delivery of the said representation that too was also refused.

Mr. Mahanta, the learned Senior Counsel on the other hand referring the Para-3 of the writ petition projected that the petitioner had the information in

respect of the representation dated 05.07.2021 but the source from whom the petitioner collected the said notice is totally silent which amounts to

admission on the part of the petitioner that she was aware about the representation dated 05.07.2021 and that too prior to the impugned letter dated

23.07.2021.

Considering the submission of Mr. Uddin and the learned counsel for the respondents, I am of the view that the issue raised by Mr. Uddin requires

interpretation of the proviso of Section 73 (2) of the Assam Panchayat Act, 1994 as to whether mere ministerial act carried out by the Chief

Executive Officer in the office of the Zilla Parishad amounts to violation of the proviso under Section 73(2) of the Assam Panchayat Act, 1994.

In view of the same, let notice be issued. Mr. Nath accepts notice on behalf of the respondent Nos. 1 and 3 and Mr. Goswami accepts notice on

behalf of the respondent No. 2. Necessary extra copies be served on the learned counsel for the respondents. No further notices are required to be

issued as the rest of the private respondents are duly represented by Mr. Mahanta, the learned Senior Counsel.

Notices are made returnable after three weeks.

Any resolution that may be passed in the meeting to be held on 06.08.2021 or any other date thereafter in respect of the no confidence motion initiated

on the representation dated 05.07.2021 of the members of the Zilla Parishad shall be subject to outcome of this writ petition.