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 considered view that it would be failing in its duty in exercising its power under Article 226 of the Constitution of India if this Court does not direct the petitioner to hold a special meeting to decide the no confidence motion brought against her.

JUDGMENT :

MANISH CHOUDHURY, J.

1. The writ petition under Article 226 of the Constitution of India has been instituted by the petitioner assailing the proceedings initiated by a requisition notice submitted by 7 [seven] nos. of Ward Members of Doolahat Sonapur Gaon Panchayat on 07.10.2021 in its entirety as the proceeding had ultimately culminated in a special meeting held on 05.11.2021 in the office of the Lakhimpur Zila Parishad at North Lakhimpur. In the special meeting held on 05.11.2021, the alleged motion of no confidence initiated against the petitioner as the President of Doolahat Sonapur Gaon Panchayat was stated to have been passed with twothird majority since 7 [seven] nos. of Ward Members of Doolahat Sonapur Gaon Panchayat voted against the petitioner.

2. The necessary facts which have led the petitioner to institute the present writ petition can be briefly narrated as follows:

2.1. In the General Panchayat Election held in the year 2018, the petitioner submitted her nomination for the post of President of Doolahat Sonapur Gaon Panchayat which post has been reserved for women. In the General Panchayat Election so held, the petitioner got elected to the post of President, Doolahat Sonapur Gaon Panchayat [also referred to as ‘the Gaon Panchayat’, at places, for easy reference] as per provisions of Section 6[1][b] of the Assam Panchayat Act, 1994, as amended.

2.2. On an earlier occasion, 7 [seven] nos. of Ward Members of the Gaon Panchayat submitted a requisition notice in writing expressing want of confidence in the petitioner as the President and the said process led to holding of a special meeting on 14.12.2020. As per the resolution passed in the special meeting held on 14.12.2020, the motion of no confidence was held to have been passed against the petitioner. Aggrieved by the said resolution alleged to have been passed in the special meeting held on 14.12.2020, the petitioner had instituted a writ petition, W.P. [C] no. 255/2021. The writ petition, W.P. [C] no. 255/2021 was allowed by an order dated 03.03.2021 finding that there was a specific violation of Section 15[1], the Assam Panchayat Act, 1994, as amended.

2.3. There was another move on the part of 7 [seven] nos. of Ward Members of the Gaon Panchayat to remove the petitioner from the post of President as they had submitted another requisition notice on 30.04.2021 to convene a special meeting to discuss a motion of no confidence against the petitioner. The parties are not in dispute of the fact that the said requisition notice did not culminate in a special meeting for discussion on the motion. Thus, it cannot be said that any motion of no confidence was lost on the basis of the said requisition notice dated 30.04.2021.

2.4. It was on 07.10.2021, 7 [seven] nos. of Ward Members of the Gaon Panchayat had once again submitted a requisition notice by addressing the same to the Secretary of the Gaon Panchayat to convene a special meeting to discuss a motion of no confidence against the President of the Gaon Panchayat i.e. the petitioner by bringing in a number of allegations regarding illegalities / irregularities allegedly committed by the petitioner in the capacity of the President of the Gaon Panchayat.

2.5. It transpires from a letter of the President of Naoboicha Anchalik Panchayat dated 28.10.2021 that the President of Naoboicha Anchalik Panchayat received a letter from the Secretary, Doolahat Sonapur Gaon Panchayat on 22.10.2021 wherein the Secretary, Doolahat Sonapur Gaon Panchayat mentioned that when the requisition notice submitted by the 7 [seven] nos. of Ward Members of Doolahat Sonapur Gaon Panchayat expressing want of confidence in the petitioner as the President, the President did not act properly to accord her approval for convening the special meeting. In the letter dated 28.10.2021, the President of Naoboicha Anchalik Panchayat had opined that the motions of no confidence, brought against the petitioner by the earlier requisition notices, dated 30.04