Gauhati High Court
Page No.# 1/9 vs The State Of Assam And 8 Ors on 24 March, 2023
Page No.# 1/9
GAHC010036402022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1318/2022
NIZAM UDDIN AND 7 ORS
1 NO. WARD MEMBER,
39 NO. MADHYA BETBARI GAON PANCHAYAT, S/O MOFIZ UDDIN
VILL- BANBAHAR, P.O. KAYAKUCHI
DIST. BARPETA, ASSAM, PIN-781352
2: MANSUR ALI
3 NO. WARD MEMBER
39 NO. MADHYA BETBARI GAON PANCHAYAT
S/O EMAN ALI
VILL- CHAKIRBHITA
P.O. KAYAKUCHI
DIST. BARPETA
ASSAM
PIN-781352
3: RAMENA AHMED
5 NO. WARD MEMBER
39 NO. MADHYA BETBARI GAON PANCHAYAT
W/O JEHERUL ISLAM
VILL- MARALATARI
P.O. KAYAKUCHI
DIST. BARPETA
ASSAM
PIN-781352
4: NASRIN AHMED
6 NO. WARD MEMBER
39 NO. MADHYA BETBARI GAON PANCHAYAT
W/O ZAKIR HUSSAIN
Page No.# 2/9
VILL- MARALATARI
P.O. KAYAKUCHI
DIST. BARPETA
ASSAM
PIN-781352
5: NOOR ISLAM
7 NO. WARD MEMBER
39 NO. MADHYA BETBARI GAON PANCHAYAT
S/O BISHA MIYA
VILL- CHAKIRBHITHA
P.O. KHABLABHITHA
DIST. BARPETA
ASSAM
PIN-781352
6: SANIARA AHMED
8 NO. WARD MEMBER
39 NO. MADHYA BETBARI GAON PANCHAYAT
W/O AMIR HUSSAIN
VILL- CHAKIRBHITHA
P.O. KHABLABHITHA
DIST. BARPETA
ASSAM
PIN-781352
7: SHAHIDA KHATUN
10 NO. WARD MEMBER
39 NO. MADHYA BETBARI GAON PANCHAYAT
W/O MUSHARAF HUSSAIN
VILL- KAMALPUR
P.O. KAMALPUR
DIST. BARPETA
ASSAM
PIN-781352
8: MANJUWARA AHMED
10 NO. WARD MEMBER
39 NO. MADHYA BETBARI GAON PANCHAYAT
W/O AMBAD HUSSAIN
VILL- KAMALPUR
P.O. KAMALPUR
DIST. BARPETA
Page No.# 3/9
ASSAM
PIN-78135
VERSUS
THE STATE OF ASSAM AND 8 ORS
REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM,
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR,
GUWAHATI-781006.
2:THE COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
ASSAM
JURIPAR
SIXMILE
GUWAHATI-781037.
3:THE DEPUTY COMMISSIONER
BARPETA
P.O. AND DIST. BARPETA
ASSAM
PIN-781356
4:THE BARPETA ZILLA PARISHAD
REP. BY THE PRESIDENT OF BARPETA ZILLA PARISHAD
DIST. BARPETA
ASSAM
PIN-781356
5:THE CHIEF EXECUTIVE OFFICER
BARPETA ZILLA PARISHAD
P.O. AND DIST. BARPETA
ASSAM
PIN-781356
6:THE PAKABETBARI ANCHALIK PANCHAYAT
REP. BY ITS PRESIDENT
P.O. KAYAKUCHI
DIST. BARPETA
ASSAM
PIN-781356
7:THE PRESIDENT
Page No.# 4/9
PAKABETBARI ANCHALIK PANCHAYAT
KAYAKUCHI
P.O. KAYAKUCHI
DIST. BARPETA
ASSAM
PIN-781356.
8:THE EXECUTIVE OFFICER
PAKABETBARI ANCHALIK PANCHAYAT
KAYAKUCHI
P.O. KAYAKUCHI
DIST. BARPETA
ASSAM
PIN-781352
9:DEWAN MUSHARAF HUSSAIN
S/O LATE DEWAN ELIM UDDIN
VILL- CHAKIRBHITHA
P.O. KHABLARBHITHA
PIN-781352
DIST. BARPETA
ASSA
Advocate for the Petitioner : MR. T J MAHANTA
Advocate for the Respondent : SC, P AND R.D.
Linked Case : WP(C)/7820/2022
DEWAN MUSHARAF HUSSAIN
S/O- LATE DEWAN ALIM UDDIN
VILL- CHAKIR BHITHA
P.S AND DIST- BARPETA
ASSAM
VERSUS
THE STATE OF ASSAM AND 14 ORS
Page No.# 5/9
REP BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
DISPUR
GUWAHATI- 781006.
2:THE COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT
ASSAM
PANJABARI
JURIPAR
GUWAHATI- 781037
3:THE DEPUTY. COMMISSIONER
BARPETA
ASSAM
4:THE CHIEF EXECUTIVE OFFICER
BARPETA ZILLA PARISHAD
BARPETA
PIN- 781301
5:THE PRESIDENT
PAKABETBARI ANCHALIK PANCHAYAT
KAYAKUCHI
DIST. BARPETA
ASSAM
PIN-781352
6:THE EXECUTIVE OFFICER
PAKABETBARI ANCHALIK PANCHAYAT
KAYAKUCHI
DIST. BARPETA
ASSAM
PIN-781352
7:THE SECRETARY
39. NO. MADHYA BETBARI GAON PANCHAYAT
KAYAKUCHI
DIST. BARPETA
ASSAM
PIN-781352.
8:NIZAM UDDIN
1 NO WARD MEMBER
39. NO. MADHYA BETBARI GAON PANCHAYAT
S/O- MOFIZUDDIN
VILL- BANBAHAR
P.O- KAYAKUCHI
DIST. BARPETA
ASSAM
Page No.# 6/9
PIN-781352.
9:MANSUR ALI
3 NO WARD MEMBER
39. NO. MADHYA BETBARI GAON PANCHAYAT
S/O- ENAM ALI
VILL- CHAKIR BHITA
P.O- KAYAKUCHI
DIST. BARPETA
ASSAM
PIN-781352.
10:RAMINA AHMED
5 NO WARD MEMBER
39. NO. MADHYA BETBARI GAON PANCHAYAT
W/O- JEHERUL ISLAM
VILL- MARALARTARI
P.O- KAYAKUCHI
DIST. BARPETA
ASSAM
PIN-781352.
11:NUSRIN AHMED
6. NO WARD MEMBER
39. NO. MADHYA BETBARI GAON PANCHAYAT
W/O- JAKIR HUSSAIN
VILL- MARALARTARI
P.O- KAYAKUCHI
DIST. BARPETA
ASSAM
PIN-781352.
12:NOOR ISLAM
7. NO WARD MEMBER
39. NO. MADHYA BETBARI GAON PANCHAYAT
S/O- BISHA MIYA
VILL- CHAKIRBHITHA
P.O- KABLARBHITHA
DIST. BARPETA
ASSAM
Page No.# 7/9
PIN-781352.
13:SANIARA AHMED
8. NO WARD MEMBER
39. NO. MADHYA BETBARI GAON PANCHAYAT
W/O- AMIR HUSSAIN
VILL- CHAKIRBHITHA
P.O- KABLARBHITHA
P.S AND DIST. BARPETA
ASSAM
PIN-781352.
14:SHAHIDA KHATUN
10 . NO WARD MEMBER
39. NO. MADHYA BETBARI GAON PANCHAYAT
W/O- MUSHARAF HUSSAIN
VILL AND P.O- KAMALPUR
P.S AND DIST. BARPETA
ASSAM
PIN-781352.
15:MUNJUWARA AHMED
10 . NO WARD MEMBER
39. NO. MADHYA BETBARI GAON PANCHAYAT
W/O- AMBAD HUSSAIN
VILL AND P.O- KAMALPUR
P.S AND DIST. BARPETA
ASSAM
PIN-781352.
------------
Advocate for : MR. M K CHOUDHURY
Advocate for : SC
P AND R.D. appearing for THE STATE OF ASSAM AND 14 ORS
Page No.# 8/9
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 24.03.2023
Heard Mr. M.K. Choudhury, learned Senior Counsel assisted by Mr. A.
Borkotoky, learned counsel for the petitioner in W.P.[C] no. 7820/2022 and for
the respondent no. 9 in W.P.[C] no. 1318/2022; Mr. S. Ali, learned counsel for
the petitioners in W.P.[C] no. 1318/2022; Mr. S. Dutta, learned Standing
Counsel, Panchayat and Rural Development Department for the official
respondents; Mr. D.A. Kayum, learned counsel for the respondent nos. 9, 11, 12
& 13 in W.P.[C] no. 7820/2022; and Mr. H.R.A. Choudhury, learned Senior
Counsel assisted by Mr. J. Abedin, learned counsel for the respondent no. 5 in
W.P.[C] no. 7820/2022 and respondent nos. 6 & 7 in W.P.[C] no. 1318/2022.
2. Sri Abul Hussain, President, Paka Betbari Anchalik Panchayat, Kayakuchi has
appeared in person in compliance of the order dated 10.03.2023.
3. Mr. Choudhury, learned Senior Counsel appearing for the respondent who
has appeared in person, has submitted that an affidavit has been filed on his
behalf explaining the situations that had occurred in the special meeting held on
14.02.2022 and in the subsequent periods. Submitting that the said respondent
might not have acted in strict terms of the direction made in the judgment and
order dated 01.02.2022 passed in the writ petition, W.P.[C] no. 3570/2021 but
whatever steps he had taken, according to him, were for bona fide reasons and
in the public interests.
4. I have gone through the statements and averments made in the affidavit by
the said respondent. Though the explanations provided therein are not to the
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total satisfaction of the Court but taking all the facts and circumstances in its
entirety, this Court finds it appropriate to dispense with his further personal
appearance with a note of caution as he has expressed unconditional apology
before this Court by appearing in person. It is observed that the personal
appearance of the said respondent, Sri Abul Hussain is dispensed with till
further order of this Court.
5. Mr. S. Ali, learned counsel representing the petitioner no. 8, Manjuwara
Ahmed in W.P.[C] no. 1318/2022 is asked to take instructions as to whether he
will also represent Manjuwara Ahmed who is the respondent no. 15 in the writ
petition, W.P.[C] no. 7820/2022.
6. As the subject-matter of the writ petition pertains to no confidence motion,
let the cases be posted on 26.04.2023.
JUDGE
Comparing Assistant
