Back
IN THE HIGH COURT OF GAUHATI
SUMAN SHYAM, J.
EKTIAR HUSSAIN - Appellant
Vs.
STATE OF ASSAM - Respondent
W.P.(C) Nos. 4564 of 2015 and 5089 of 2016
Decided On : 07-09-2017
Assam Panchayat Act, 1994 - Section 15 – Evidence – Limitation - According to sub-section Section 15 Secretary is required to bring same to notice of Archaic Panchayat within seven days from date of receipt of same so as to permit Archaic Panchayat President to arrange to convene meeting within from date of receipt of intimation – Held, It was in such factual context that Single Judge had held that meeting ought to have been held within from date of receipt of intimation - In facts of present case ratio of aforesaid decision would not have any bearing since meetings in present cases had admittedly been convened within from date of receipt of intimation by respondent - As noted herein above in present case it is not in dispute that respondent has convened meeting within from date of receipt of intimation from respondent– Petition dismissed
Suman Shyam, J.
Heard Mr. I. Hussain, learned counsel for the writ petitioners. Also heard Mr. D. Nath, learned Addl. Sr. Govt. Advocate, Assam representing the official respondents. None appears for the private respondents.
2. By this order I propose to dispose of two writ petitions raising common question of law and facts.
3. The facts giving rise to filing of these writ petitions may be briefly noticed as follows. The writ petitioner in WP(C) No.4564/2015 was elected as the President whereas the petitioner in WP(C) No.5089/2016 was elected as the Vice President of the 3 No. Thakuranbari Gaon Panchayat in the Panchayat elections held in the State during the year 2013. On 30.03.2015, seven members of the Gaon Panchayat had submitted a requisition addressed to the President of the Gaon Panchayat with a request to convene a special meeting to discuss "no confidence motion" brought against him. On the same date, one of the requisitionists, namely, Narayan Das had submitted another application before the Secretary of the Gaon Panchayat withdrawing from the requisition dated 30.03.2015. Thereafter, on 13.04.2015, 8 members had submitted a requisition before the Secretary of the Gaon Panchayat with a request to convene a special meeting so as to discuss the no confidence motion brought against the President and the Vice President of 3 No. Thakuranbari Gaon Panchayat. Since the requisition dated 13.04.2015 was for convening a meeting for removal of both the President and Vice President of the Gaon Panchayat, hence, as per Section 15(5) of the Assam Panchayat Act, 1994, the said requisition was required to be forwarded to the President of the concerned Anchalik Panchayat. Accordingly, the Secretary of the Gaon Panchayat i.e. the respondent No.7 had referred the requisition to the Anchalik Panchayat on 26.04.2015, but the Anchalik Panchayat did not take any action in the matter. As such, the respondent No.7 had referred the matter to the next authority, i.e., the Sub-Divisional Officer (Civil), South Salmara, Mankachar Sub-Division, Hatsingimari on 27.05.2015 informing him about the no confidence motion proposed against the President and Vice President of the Gaon Panchayat.
4. On receipt of the letter dated 27.05.2015 the respondent No.4 circulated a notice dated 02.06.2015 informing all members of the Gaon Panchayat regarding the meeting convened on 11.06.2015 to discuss the no confidence motion brought against the President of the Gaon Panchayat. Similarly, another notice was circulated by the respondent No.4 convening a meeting of the Gaon Panchayat on 12.06.2015 for discussing no confidence motion brought against the Vice President. Accordingly, a special meeting of the Gaon Panchayat was held on 11.06.2015 wherein a resolution was adopted by two-third majority thereby carrying the no confidence motion brought against the President. Similarly, another resolution was adopted in the meeting of the Gaon Panchayat dated 12.06.2015 carrying the no confidence motion against the Vice President. Aggrieved by the resolution dated 11.06.2015 the writ petitioner, who was removed from the post of President of the Gaon Panchayat has approached this Court by filing WP(C) No.4564/2015 assailing the validity of the said resolution. Similarly, the resolution adopted in the meeting held on 12.06.2015 removing the writ petitioner from the post of Vice President has been challenged by her in WP(C) No.5089/2016.
5. Mr. Hussain, learned counsel for the petitioners, submits that Section 15(5) of the Assam Panchayat Act, 1994 (herein after, the Act of 1994) lays down the timeframe within which the Anchalik Panchayat is to act on receipt of intimation from the Secretary of the Gaon Panchayat regarding the requisition for convening a special meeting to discuss no confidence motion brought against the President and Vice President of the Gaon Panchayat. According to sub-section (5) of Section 15, the Secretary is required to bring the same to the notic
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
