Back
R. M. CHHAYA, SOUMITRA SAIKIA
Luthfa Begum Laskar, W/o Altaf Hussain Laskar – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
(Soumitra Saikia, J.)
1. Heard Mr. M.H. Laskar, learned counsel for the appellant. Also heard Mr. K. Konwar, learned Standing Counsel, Panchayat & Rural Development Department for the respondent Nos. 1,3,4,5 and 6; Ms. M. Bhattacharjee, learned Additional Senior Government Advocate, Assam for the respondent No. 2 as well as Mr. S.K. Talukdar, learned counsel for the respondent Nos. 7 to 14.
2. The core issue in the present proceedings relates to the No Confidence Motion brought against the appellant as the President of Sonabarighat Gaon Panchayat in Cachar District. The appellant was elected as the President of Sonabarighat Gaon Panchayat pursuant to the panchayat election held in the year 2018. On 03.07.2020, a requisition notice was submitted by the respondent Nos. 7 to 14 for holding a special meeting under Section 15 of the Assam Panchayat Act, 1994 (for short, hereinafter referred to as ‘the Act of 1994’) for moving a No Confidence Motion against the appellant. On 21.08.2020, a Resolution of No Confidence Motion was passed against the appellant. The appellant being aggrieved, approached this Court by filing a writ petition being WP(C) No. 3411/2020, assailing the Re
Section 15 of Assam Panchayat Act, 1994 have been held to be directory and not mandatory, any resolution adopted cannot be faulted with merely because time limit prescribed under Section 15(1) have n....
Word ‘lost’ appearing in 2nd proviso to section 15(1), in deference to fundamental principles of statutory interpretation, has to be essentially comprehended in text and context in which it appears.
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....
Section 15(1) of Panchayat Act categorically mandates that there should be service of notice of no confidence motion upon President by Secretary thereby giving him 15 clear days.
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 ....
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
