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MANISH CHOUDHURY
Hiren Hazarika, S/o. Lt. Tileswar Hazarika – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
The writ petitioner has instituted the present writ petition under Article 226 of the Constitution of India seeking interalia setting aside of a show cause notice dated 26.05.2022 issued to the petitioner by the respondent no. 2 and also for a direction to the respondent no. 2 not to proceed with any proceeding against the petitioner which, according to the petitioner, is either a second proceeding or a parallel proceeding.
2. The factual matrix involved in the case can be narrated as follows : the petitioner got elected as the Member of the Jorhat Zilla Parishad in the General Panchayat Election held in December, 2018 in terms of the provisions of Section 65 [1][i] of the Assam Panchayat Act, 1994 [‘the Assam Panchayat Act’, for short]. The petitioner was thereafter, elected as the President of the Jorhat Zilla Parishad in terms of the provisions contained in Section 70 of the Assam Panchayat Act.
3. The projected case of the petitioner is that when the petitioner was duly discharging his duties as the President of the Jorhat Zilla Parishad, he was served with a show cause notice dated 02.02.2022 [hereinafter referred to as ‘first show cause notice’, for easy reference] is
Point of Law : writ petition under Article 226 of the Constitution of India is maintainable and this Court can exercise such jurisdiction in case the writ petition is filed for the enforcement of any....
Point of law: The Court is also mindful that there is no specific embargo on exercise of jurisdiction under Article 226 of the Constitution of India even at notice stage, but in the circumstances of ....
Point of law: It is thus well settled that writ petition should normally not be entertained against mere issuance of show cause notice. In the present case no show cause notice was even issued when t....
The court emphasized the importance of detailed reasons in a show-cause notice and upheld the jurisdiction of the authorities to exercise powers under the Act.
The main legal point established in the judgment is that the impugned notices were issued following the procedures contemplated under Section 207 of the Tamil Nadu Panchayat Act, 1994.
Vagueness and ambiguity in a show cause notice violate the principles of natural justice and render subsequent proceedings null and void.
Provisions of Section 76(B(2) would stand somewhat on different footing. This Court when is taking a view that action could be initiated under subsection (2) only after passing order of removal, issu....
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