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Gauhati High Court disposes of PIL against panchayat office-bearers

The PIL filed by one Taher Hassan Laskar alleged that the respondents are not properly conducting the affairs of the Rangirghat Gaon Panchayat situated in the district of Cachar, Assam and as such, they are liable to be removed from office.

The Gauhati High Court disposed of a Public Interest Litigation (PIL) filed alleging that the Secretary and the President of the Rangirghat Gaon Panchayat have embezzled public funds of Rs 2,02,79,303 and the amount should be recovered from them.

The PIL filed by one Taher Hassan Laskar alleged that the respondents are not properly conducting the affairs of the Rangirghat Gaon Panchayat situated in the district of Cachar, Assam and as such, they are liable to be removed from office.

After going through the averments made in the writ petition, the Division Bench of Justice Suman Shyam and Justice Susmita Phukan Khaund found that the allegations of corruption and/ or embezzlement of funds would require proper inquiry and the matter can be adequately dealt with by the appropriate agencies in the State authorized to look into such matters.

However, the petitioner has not lodged any complaint before those agencies till date. Insofar as the misconduct on the part of the respondents (Secretary and President of the Rangirghat Gaon Panchayat), is concerned, here also, the respondent being an elected President of the Gaon Panchayat, the remedy is provided under Section 15(1) of the Assam Panchayat Act, 1994, but no such action has been initiated, observed the Bench.

Insofar as the allegations brought against the Secretary of the Gaon Panchayat is concerned, the petitioner has the option of lodging a complaint before his appointing authority, which also he has failed to do.

Under the circumstances, the High Court was of the view that no good ground is available for entertaining the PIL.

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