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IN THE HIGH COURT OF GAUHATI
T. Nandakumar Singh, J.
Uttar Dhemaji Gaon Panchayat and other – Appellants
Vs.
State of Assam and other – Respondent
Decided On: 25.05.2007
PANCHAYAT - Dissolution of Panchayats - Assam Panchayat Act, 1994, Article 243E of the Constitution of India - Sections 5, 6, 7, 31, 32, 35, 64, 65, 68, 125 - The court discussed the impugned order for dissolution of Gaon Panchayats, Anchalik Panchayats, and Zilla Parishads in light of Article 243E of the Constitution of India and relevant sections of the Assam Panchayat Act, 1994. It highlighted the duration and constitution of Panchayats, and the grounds for dissolution as per the Act. The court emphasized the constitutional mandate for holding elections before the expiry of the Panchayats' terms and the responsibilities of the State Election Commission and State Government in this regard.
Fact of the Case:
The impugned order dated 29.3.2007 dissolved all Gaon Panchayats, Anchalik Panchayats, and Zilla Parishads in Assam after the completion of their five-year tenure. The petitioners challenged the order, citing the failure of the State Government and State Election Commission to hold elections before the expiry of the Panchayats' terms.
Finding of the Court:
The court found that the dissolution of the Panchayats was not due to their fault but resulted from the failure of the State Government and State Election Commission to fulfill the constitutional mandate for holding elections before the expiry of the Panchayats' terms. It held that the impugned notification was necessary to be set aside.
Issues: The issues revolved around the dissolution of Panchayats, the constitutional mandate for holding elections before the expiry of their terms, and the responsibilities of the State Election Commission and State Government in conducting the elections.
Ratio Decidendi: The court emphasized that the State Election Commission is duty-bound to function independently of the State Government in conducting Panchayat elections and that the State Government must fulfill the requirements of the State Election Commission for holding elections. It also ruled that the Panchayats could function till the constitution of new bodies after the elections but with limitations on major policy decisions and expenditures.
Final Decision: The impugned notification was quashed and set aside, and the court issued directions for the State Election Commission to conduct elections for all Panchayats before a specified date.
T. Nanda Kumar Singh, J.
1. By these writ petitions, the petitioners are challenging the impugned order No. PDA 95/2007/2 dated 29.3.2007 issued by the Joint Secretary to the Government of Assam, Panchayat & Rural Development Department and such being the situation, these writ petitions are being disposed of by this common judgment and order.
2. Heard Mr. A.M. Mazumdar, Mr. A.K. Goswami, Mr. N. Dutta, Mr. A.S. Choudhury learned senior counsels appearing for the petitioners as well as Mr. A. K. Phukan, learned Advocate General appearing for the State of Assam. Also heard Mr. M.U. Mahmud, learned Standing Counsel, Assam State Election Commission.
It would be apt to reproduce the impugned order dated 29.3.2007.
Government of Assam
Panchayat & Rural Development Department
Dispur, Guwahati
Notice
This is for information of all concerned that on completion of tenure of 5 (five) years with effect from the date of its first meeting, all Gaon Panchayats, Anchalik Panchayats and Zilla Parishads shall automatically stand dissolved. Upon such dissolution all properties of such Gaon Panchayats, Anchalik Panchayats and Zilla Parishads shall be vested in the Government till constitution of new bodies.
However such automatic dissolution shall not take effect where there are direction and order of the Court.
Sd/-
A. Phukan, IAS
Joint Secretary to the Government of
Assam, Panchayat & Rural Dev. Department.
3. The learned Counsels appearing for the petitioners as well as the respondents are of unanimous view that these writ petitions are to be considered and disposed of in the light of the Constitutional mandates under Article 243E of the Constitution of India. Article 243E of the Constitution of India reads as follows:
243 E. Duration of Panchayats, etc. – (1) Every Panchayat, unless sooner dissolved under any law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer.
(2) No amendment of any law for the time being in force shall have the effect of causing dissolution of a Panchayat at any level, which is functioning immediately before such amendment, till the expiration of its duration specified in clause (1).
(3) An election to constitute a Panchayat shall be completed.
(a) Before the expiry of its duration specified in Clause (1).
(b) Before the expiration of a period of six months from the date of its dissolution.
From bare perusal of the impugned order dated 29.3.2007 and also from the submissions of the learned Counsel appearing for the State respondents it is crystal clear that the Government of Assam issued the impugned Order/Notification for dissolution of the all Gaon Panchayats, Anchalik Panchayats and Zilla Parishads only on the ground that tenure of five years with effect from the date of its first meeting had expired.
4. Section 5 of the Assam Panchayat Act, 1994 speaks about the establishment of Gaon Panchayat and Section 6 of the said Act clearly relates with the Constitution of the Gaon Panchayat. Section 7of the said Act deals with the duration of the Gaon Panchayat. The duration of the Gaon Panchayat, save as otherwise provided in the Act, shall continue for a term of five years from the date appointed for its first meeting. The meaning of the terms first meeting are clear from Clause (3) of Section 6 of the said Act that the first meeting of the Gaon Panchayat will be the meeting of the Gaon Panchayat for election of the Vice President amongst the members in the manner prescribed. Such being the situation the duration of the Gaon Panchayat will be live years from the date of first meeting of the Gaon Panchayat i.e. the meeting for election of Vice President from amongst the member in the manner prescribed.
5. Under Section 31 of the said Act, for each Development Block there shall be an Anchalik Panchayat having jurisdiction, save as otherwise provided in this Act, over the entire Development Block jurisdiction excluding such portion of the Block as are included in a Town Co
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