Procedural irregularities in making the reference by the Secretary of the Gaon Panchayat would not affect the validity of the resolution expressing want of confidence.

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 Secretary about their withdrawal from the, requisition. The Secretary thereafter placed the matter before the appellant/writ petitioner seeking her approval to convene the meeting. The appellant did not grant the approval on account of which the Secretary could not convene the special meeting within fifteen days from the date of receipt of notice. The Secretary vide his letter dated 2.8.2004 accordingly refereed the matter to the President of Hailakadi Anchalik Panchayat. The President of the Anchalik Panchayat accordingly convened a meeting of the Panchayat on 1.9.2004 in which resolution expressing want of confidence in the appellant was passed by a majority of two third of the total members of the Gaon Panchayat. The appellant was accordingly removed from the post of President of the Gaon Panchayat.

4. The appellant having left with no other alternative remedy filed the writ petition invoking extraordinary jurisdiction of this Court under Article 226 of the Constitution of India challenging the legality of the specially convened meeting held on 1.9.2004 and accordingly prayed to quash the resolution expressing want of confidence in her that was passed in the said special meeting.

5. The case set up by the appellant in the writ petition was that the reference made by the Secretary of the Gaon Panchayat to the President of the Anchalik Panchayat was rot in accordance with law and as such all the subsequent proceedings and the convening of the very special meeting by the President of the Anchalik Panchayat was ultra vires and the resolution passed in such meeting was a nullity. The sum and Substance of the contention was that such void and inoperative resolution ca mot be given effect to and she cannot be thrown out of elected office. The learned Single Judge after an elaborate consideration of the matter came to the conclusion that delay of the part of the Secretary in referring the matter to the President of the concerned Anchalik Panchayat was not fatal and the procedure prescribing the time frame for such reference is not mandatory. The learned Judge took the view that the time limit provided for referring the matter by the Secretary to the President of the Anchalik Panchayat is a directory in nature and any other view may result in scuttling the entire democratic process and thereby the Scheme of the Act itself gets frustrated.

6. In this writ appeal the learned senior counsel Mr. AM Mazumdar appearing on behalf of the appellant submitted that the view taken by the learned Single Judge in dismissing the writ petition suffers from various infirmities. The learned Counsel proceeded to submit that the procedure prescribed even as regards the time frame under Section 15(1) of the Act is required to be followed scrupulously and any failure to do so completely v