In a special contingency, the Vice-President does not need the qualification required for the President, as long as they have the qualifications for the Vice-President.

ORDER :

SUDHANSHU DHULIA, J.

1. Heard Mr. S.C. Biswas, learned counsel for the appellant as well as Mr. B.K. Sarma, learned counsel for respondent No. 1; Mr. M. Nath, learned standing counsel, Panchayat and Rural Development Department, representing respondent Nos. 2 and 4 as well as Mr. T.C. Chutia, learned additional senior Government advocate, Assam, representing respondent No. 2.

2. This writ appeal is filed by the appellant against an order dated 1.12.2020, passed by the learned Single Judge in IA (Civil) 1496/2020 dismissing the said interlocutory application which was filed by the appellant for vacating the interim order dated 31.8.2020, passed in WP(C) 3291/2020, by which an order dated 10.8.2020 passed by the Deputy Commissioner, Hojai, giving charge of the President of the Doboka Gaon Panchayat to the respondent No. 4 (i.e., writ appellant) had been stayed until further orders.

3. The brief facts of the case are that the writ petitioner (present respondent No. 1) was elected as the President of Doboka Gaon Panchayat in the district of Hojai. The writ appellant before this court was the Vice-President of the said Gaon Panchayat. The President (i.e., writ petitioner) was removed from office by a resolution adopted on 8.7.2020 by the Members of the Gaon Panchayat in a No Confidence Motion moved against him. After removal the President from office, the Vice-President of the Gaon Panchayat (i.e., writ appellant) was given the charge of President by an order dated 10.8.2020 passed by the Deputy Commissioner, Hojai. This order of the Deputy Commissioner was challenged by the ousted President (present respondent No. 1) before the learned Single Judge in WP(C) 3291/2020. The case of the writ petitioner before the learned Single Judge was that as per sub-section (2)(c) of the amended section 111 of the Assam Panchayat Act, 2018 (‘Panchayat Act’), which was amended by insertion of sub-section (2), one of the essential qualifications for holding the post of President of a Gaon Panchayat is that one must have passed HSLC or its equivalent examination and since the respondent No. 4 (i.e., writ appellant) had read only up to Class VI she does not possess the necessary qualification for the post of President of the Gaon Panchayat. Sub-section (2) of the amended section 111 of the Panchayat Act reads as under:

“3. Amendment of section 111. - (2) No person shall be elected or co-opted and remain as President, Vice-President or Member of Zilla Parishad, Anchalik Panchayat and Gaon Panchayat,-

(a) who has more than two living children from a single or multiple partners:

Provided that this provision shall not be applicable in respect of those persons, who have more than two children prior to the date of commencement of this Act;

(b) who has not passed Class VI examination from an Educational Institution, for the post of Gaon Panchayat Member:

Provided that in case of candidates belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes (OBC) and More Other Backward Classes (MOBC), lacking of minimum educational qualification shall not be a bar for contesting election or to be elected for the post of Gaon Panchayat Member;

(c) who has not passed the HSLC or equivalent examination under any Council or Boarci recognised by the State or the Central Government, as the case may be, for the post of Gaon Panchayat President, Anchalik Panchayat Member:

Provided that in case of candidates belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes (OBC) and More Other Backward Classes (MOBC), the minimum educational qualification shall be Class VIII examination passed from an Educational Institution;

(d) who has not passed the HSLC or equivalent examination under any Council or Board recognised by the State or the Central Government, as the case may be, for the post of Zilla Pari shad Member:

Provided that in case of candidates belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes (OBC) and More Other Backward Classe