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2005 Supreme(Gau) 842

B.SUDERSHAN REDDY, B.BISWAS
Mumtaz Rana Laskar – Appellant
Versus
State of Assam – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: A Roshid, A.M. Mazumdar, HRA Choudhury, N. Saikia, N. Seikh andS.K. Medhi, Advs.
For Respondents/Defendant: A.B. Choudhury, B. Goel, B.C. Das, D.N. Bhattacharjee, D.P. Mondal, H. Das, K.P. Sarma, M. Gogoi, S. Dutta and S.K. Saha, Advs.

JUDGMENT

B. Sudershan Reddy, C.J.

1. These three writ appeals are required to be disposed of by a common order since the question that falls for our consideration in all of them being the same.

2. The core question is as to whether the procedure prescribed as to the time frame under Section15(1) of the Assam Panchayat Act, 1994 (for short "the Act") in the matter of no confidence motion against the President and the Vice-President is a mandatory or directory in its nature.

FACTUAL MATRIX

3. In order to decide the said question it may be just and necessary to briefly notice the relevant facts. In Writ Appeal No. 280/2005 the appellant/writ petitioner was the elected President of Matijuri Paikan Gaon Panchayat which has the total strength often elected members. That, out of the total strength often elected members eight members of the said Gaon Panchayat served a requisition notice on 3.8.2004 requiring the Secretary of the Panchayat to convene a special meeting to consider resolution expressing want of confidence in the appellant/writ petitioner. Even while the matter was under consideration of the Secretary, two of the signatories to the resolution backed out duly informing the Secretar














































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