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 has to be given.

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 against the President i.e. the petitioner.

2.1. On 14.12.2020, the Secretary, 88 No. Baghbar Gaon Panchayat wrote to the President, Mandia Anchalik Panchayat whereby he informed about submission of the letter by 8 nos. of Ward Members of 88 No. Baghbar Gaon Panchayat expressing want of confidence against the petitioner. By the said letter dated 28.12.2020, the Secretary, 88 No. Baghbar Gaon Panchayat requested the President, Mandia Anchalik Panchayat to convene a special meeting to discuss the motion of no confidence on the ground that the petitioner did not accord her approval to convene the special meeting.

2.2. On receipt of the said letter dated 28.12.2020 from the Secretary, 88 No. Baghbar Gaon Panchayat, the Executive Officer of the Mandia Anchalik Panchayat issued notices dated 30.12.2020 to all concerned stakeholders informing that a special meeting to discuss the motion of no confidence against the petitioner had been convened on 02.01.2021.

2.3. Pursuant to the said notice dated 30.12.2020, the special meeting was held on 02.01.2021 and the said meeting was presided over by the President, Mandia Anchalik Panchayat. The process of voting through secret ballot was adopted in the special meeting and after counting, a resolution had been passed whereby the motion of no confidence against the petitioner was held to have been passed by two-third majority.

3. There is some dispute in respect of the events occurring between 10.12.2020 and 14.12.2020 which will be referred to in the subsequent part of the order.

4. I have heard Mr. T.J. Mahanta, learned senior counsel assisted by Mr. R. Ali, learned counsel for the petitioner; Mr. A. Roy, learned Standing Counsel, Panchayat & Rural Development [P&RD] Department for the respondent nos. 1, 3, 4 & 6; Mr. R. Talukdar, learned Junior Government Advocate, Assam for the respondent no. 2; and Mr. K.N. Choudhury, learned senior counsel assisted by Mr. S.U. Ahmed, learned counsel for the respondent nos. 7-14.

5. Mr. Mahanta, learned senior counsel for the petitioner has advanced his submissions on three issues. His first submission is that the letter submitted before the Secretary of the Gaon Panchayat on 10.12.2020 by 8 [eight] nos. of Ward Members seeking to discuss the motion of no confidence against the petitioner in a special meeting was never placed before the petitioner seeking her approval. Without placing the matter through the official channel before the petitioner, the Secretary of the Gaon Panchayat had referred the matter to the President, Mandia Anchalik Panchayat on 28.12.2020. Such action on the part of the Secretary of the Gaon Panchayat is in violation of the provisions contained in Section 15 of the Assam Panchayat Act, 1994. Even if it is assumed that the Secretary of the Gaon Panchayat had place