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IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
Devashis Baruah, J.
Luthfa Begum Laskar W/O. Altaf Hussain Laskar – Petitioner
Versus
The State of Assam and Rep. By The Principal Secretary To The Govt. Of Assam, Panchayat And Rural Development Deptt. and Ors. – Respondents
WP(C)/885 of 2021
Decided On : 17-01-2022
Constitution of India,1950 – Article 226 - Assam Panchayat Act, 1994 – Section 15 and 15(1) -Election petition - Instant case is that petitioner was elected as President of Panchayat under District during Panchayat Election - Requisition notice was submitted by respondent herein for initiating a special meeting under Section 15 of Assam Panchayat Act, 1994 for no-confidence-motion against petitioner - Resolution of no-confidence-motion was passed against petitioner- Being aggrieved, petitioner filed writ petition before this Court challenging resolution - Whether withdrawal of resolution and declaration given by this Court as null and void would be deemed to be understood as motion was lost.
Finding of the Court:
Another aspect of this case is that appellant-writ petitioner refused to approve proposal submitted by Secretary of Gaon Panchayat to convene special meeting to discuss notice of no confidence brought by members, as required under Section 15(1) of the Act - Secretary on the failure of appellant-writ petitioner to approve proposal for holding such meeting referred the matter to Panchayat - Even if, it is taken that, requirement of convening meeting by Panchayat within seven days is mandatory in nature, interference does not follow as a matter of course, even in case of violation thereof - Apex Court in State Bank of Patiala and Ors. v. S.K. Sharma, (1996) 3 SCC 364 has also held that even a mandatory requirement can be waived by a person concerned if such mandatory provision is conceived in his interest and not in public interest - Petitioner in the case having failed to hold meeting have also waived requirement of holding meeting within 7 days by Panchayat.
Result: Writ petition dismissed
JUDGMENT :
Heard Mr. K.N. Choudhury, learned Senior Counsel assisted by Mr. N.H. Barbhuiya, learned counsel for the petitioner. I have also heard Mr. M. Nath, learned Standing Counsel, P&RD Department, Assam appearing on behalf of the respondent nos.1, 3, 4 and 5 Mr. P.S. Deka, learned Senior Government Advocate appearing on behalf of the respondent no. 2. Mr. A.M.S. Mazumder, learned counsel appears on behalf of the respondent no.6 while Mr. S.K. Talukdar, learned counsel appears on behalf of the respondent nos.7 to 14.
2. The brief facts of the instant case is that the petitioner was elected as the President of Sonabarighat Gaon Panchayat under Cachar Disrict during the Panchayat Election 2018. On 03.07.2020 a requisition notice was submitted by the respondent nos.7 to 14 herein for initiating a special meeting under Section 15 of the Assam Panchayat Act, 1994 (“the Act of 1994”) for no-confidence-motion against the petitioner. On 21.08.2020 a resolution of no-confidence-motion was passed against the petitioner. Being aggrieved, the petitioner filed the writ petition i.e. WP(C) 3411/2020 before this Court challenging the resolution dated 21.08.2020. This Court vide an order dated 08.09.2020 at the Motion stage disposed of the said writ petition with the following observations :
11. Writ petition stands closed with the aforesaid declaration and liberty granted to the respondents no. 9 to 17.”
3. In the order dated 08.09.2020 as this Court granted the liberty to the respondent nos.9 to 17 therein to proceed in a manner as they may be advised under the law against the writ petitioner, on 14.09.2020 the respondent nos.7 to 14 again submitted a requisition for convening a special meeting under Section 15 of the Act of 1994 against the petitioner (the President) for no-confidence-motion. Admittedly the said notice was received on 21.09.2020 by the petitioner as could be seen from Annexure-6 to the writ petition. It may also be relevant herein to mention as contended by the petitioner that in view of the order dated 08.09.2020 the bar contained in the second Proviso to Section 15 of the Act of 1994 would have been applicable and as such sought for legal advice.
4. In view of not convening the meeting of no-confidence the Secretary, Sonabarighat Gaon Panchayat intimated the President of Sonai Anchalik Panchayat by the communication dated 07.10.2020 stating inter alia that as per the provisions of Section 15(1) of the Act of 1994 the period of 15 days had elapsed on 06.10.2020 and as the President did not give any order for fixing the date for convening the special meeting for discussion on the no-confidence-motion, the said Secretary submitted the petition for no-confidence-motion to the Sonai Anchalik Panchayat for doing the needful. The petitioner thereupon filed a writ petition which was registered and numbered as WP(C) 3805/2020 challenging the requisition notice dated 14.09.2020 and the said writ petition was withdrawn vide an order dated 08.01.2021. The petitioner also filed a Review application seeking review of the order dated 08.09.2020 passed in WP(C) 3411/2020. The said review petition was registered and numbered as Review Petition No.91/2020. This Court vide an order dated 15.10.2020 disposed of the said Review petition holding inter alia that as the resolution dated 21.08.2020 was held to be null and void it has to be understood the motion was lost and consequently the bar contained in the second Proviso to Section 15(1) of the Act of 1994 wou
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