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MANISH CHOUDHURY
Jahanara Ahmed W/o -Shamez Uddin Ahmed – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
The writ petitioner has approached this Court by the writ petition under Article 226 of the Constitution of India inter alia[a] assailing a notice dated 10.12.2020 submitted by 8 [eight] Ward Members of 88 No. Baghbar Gaon Panchayat seeking requisition of a special meeting to discuss a motion of no confidence against the petitioner; [b] seeking setting aside of a letter dated 28.12.2020 issued by the Secretary, 88 No. Baghbar Gaon Panchayat whereby the matter regarding requisitioning of a special meeting to discuss the motion of no confidence was referred to the President, Mandia Anchalik Panchayat; and [c] seeking setting aside of a resolution adopted in a special meeting held on 02.01.2021 wherein the motion of no confidence was passed against the petitioner.
2. The facts which are not in dispute can be stated as follows : In the General Panchayat Election, the petitioner was directly elected as the President of 88 No. Baghbar Gaon Panchayat. On 10.12.2020, a requisition was submitted by 8 nos. of Ward Members of 88 No. Baghbar Gaon Panchayat before the Secretary, 88 No. Baghbar Gaon Panchayat asking him to convene a special meeting to discuss a motion of no confidence a
Point of Law : Section 17 [3] of the Assam Panchayat Act, 1994 has clearly stipulated that in case of any special meeting [which is a meeting for no confidence motion], 3 [three] days' clear notice h....
Point of Law : Process subsequent to requisition notices expressing want of confidence had failed finally either on technical grounds or due to procedural irregularities, this Court, thus, is of the ....
The Notice for the special meeting was found to be in violation of the statutory prescription of 3 clear days' notice as per Section 17[3] of the Assam Panchayat Act, 1994.
Section 15(2) of Assam Panchayat Act, 1994 which provides for giving notice to President for purpose of holding a No Confidence Motion is mandatory and non compliance of such mandatory provision and ....
Adherence to procedural formalities and timelines outlined in the Assam Panchayat Act, 1994, is crucial in matters related to motions of no confidence against elected office-bearers in Gaon Panchayat....
Requisition notice received by Gaon Panchayat Secretary cannot be construed to be due notice to President and the period of 15 [fifteen] days as contemplated under Section 15 can be counted only from....
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