SHIVSANKAR NAMASUDRA Vs. STATE OF TRIPURA
LAWS(TRIP)-2021-3-18
HIGH COURT TRIPURA
Decided on March 09,2021

Shivsankar Namasudra Appellant
VERSUS
STATE OF TRIPURA Respondents

JUDGEMENT

Akil Kureshi, J. - (1.) Petitioners have challenged two Declarations, both dated 18.01.2021 made by the Block Development Officer, copies of which are produced at Annexures-6 and 7 to the petition by which the petitioners had declared to have ceased to be the members of Gournagar Gram Panchayat.
(2.) Briefly stated the facts are that the petitioners are two of the elected members of Gournagar Gram Panchayat, elections for which were conducted in the year 2019. Some of the members of the Gram Panchayat issued notice of no confidence against the Pradhan of the Gram Panchayat and requested convening a meeting for such purpose. The prescribed authority convened a special meeting on 05.12.2020. In the meeting, which was held on 05.12.2020, majorities of the members of the Pancyayat voted for removal of the Pradhan and a resolution to that effect was therefore adopted.
(3.) According to the petitioners, without any further process, they received impugned communications dated 18.01.2021 on 28.01.2021. We may reproduce the contents of these declarations which are identically worded. 'DECLARATION In exercise of the powers conferred by Section 16 of the Tripura Panchayats Act, 1993, read with sub-rule (2) and sub-rule (3) of Rule 27 of the Tripura Panchayats (Election of Office Bearers) Rules, 1994, I, the Block Development Officer Gournagar RD Block (name of the Block), after making an enquiry, have come to the decision that Sri Shivsankar Namasudra, a member of the Gournagar Gram Panchayat has earned disqualification under Section 16 and, therefore, I hereby declare that the said member has ceased to be a member of that Gram Panchayat with effect from the date of this order.' ;


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