IMPORTANT POINT
If the requirement or condition precedent is for benefit or interest of a particular person, the same can be waived by him if no public interest is affected.

JUDGMENT :

Dipak Misra, CJI

On 30.01.2014, the appellant along with seven members of Masughat Gaon Panchayat submitted a No Confidence Motion against the President, respondent no. 6 herein, and for requisition of a special meeting to prove the majority of Gaon Panchayat President as per Section 15(1) of the Assam Panchayat Act, 1994 (for brevity, ‘the Act’). On 15.02.2014, the Secretary, Masughat Gaon Panchayat forwarded the said requisition to the President, Borkhola Anchalik Panchayat stating therein that the matter had already been put up before the President, Masughat Gaon Panchayat on 07.02.2014 for taking necessary action but she asked to wait due to some legal complications. Since the stipulated period of calling a special meeting was over, the petition was being referred for taking necessary action as per provisions of the Act. By virtue of letter dated 26.02.2014, the Block Development Officer (BDO), Borkhola Development Block referred the matter to the Deputy Commissioner, Cachar, Silchar stating that he had already put the matter before the President of the concerned Panchayat on 20.02.2014; that she stated to wait and that since the stipulated period for calling a special meeting was over, the matter was being referred to him for taking necessary action as per the Act.

2. On 17.03.2014, the Additional Deputy Commissioner, Cachar, Silchar sent a communication to the BDO, Borkhola Development Block which is as follows:-

“No. CDO.1/2014/11 Dated, Silchar,

the 17th March, 2014

To,

The Block Development Officer,

Borkhola Development Block.

Sub. Special Meeting of No Confidence Motion against the President Masughat GP.

Ref.BDE/E-11/92-98/Pt.II/AP

Establishment, Dated

26-02-2014

I am to return herewith the proposal submitted by you for convening a special meeting of No Confidence Motion against the G.P. President Masughat G.P. and request you to take necessary action as per provision laid down in the Assam Panchayat Raj Act, 1994 Sec. 15(1).

The extract copy of relevant portion of the said Act Sec. 15(1) is enclosed herewith for favour of your kind necessary action.

Encl: As stated above

A.R. Sheikh, ACS

Addl. Deputy Commissioner (Dev.)

Chchar, Silchar”

3. In compliance of the above communication, on 21.03.2014, the BDO wrote to the President, Masughat Gaon Panchayat informing her to attend the special meeting of No Confidence to be convened on 31.03.2014 at 12:30 p.m. in the office of the BDO. On 31.03.2014, the meeting was presided over by BDO. In the meeting, nine members cast their votes in favour of the No Confidence Motion and one member cast vote against the No Confidence Motion. Thus, the President, respondent no. 6 herein, lost her Presidentship and the Vice President, appellant herein, was directed to function as incharge President of the concerned Panchayat for the time being.

4. Being aggrieved by the passing of the No Confidence Motion against her, the respondent no. 6 herein filed a writ petition, being Writ Petition (Civil) No. 2051 of 2014, before the Gauhati High Court. In the writ petition, she challenged the legal acceptability and validity of the resolution expressing want of confidence against her in a special meeting held on 31.03.2014. The learned single Judge of the High Court, vide judgment and order dated 09.08.2016, allowed the writ petition on the ground that vide letter dated 17.03.2014, the Deputy Commissioner, instead of taking action in the matter, merely wrote back to the BDO to take steps in accordance with Section 15 of the Act and there was no delegation of authority to the BDO to preside over the meeting. No document had been produced showing delegation of authority. It was the Deputy Commissioner who ought to have taken steps in terms of the provisions of the Act by convening a meeting. A meeting convened and presided over by an authority alien to the mandate postulated in Section 15 of the Act could not sanctify the proceeding of a meeting. On this foundation, the resolution adopted expressing no confid