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MANISH CHOUDHURY
Prabhati Dhodrai D/o Nuwel Dhodrai – Appellant
Versus
State of Assam – Respondent
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:
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 ....
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....
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....
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.
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