Point of Law: 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 not been rigorously followed.

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 Resolution dated 21.08.2020. The learned Single Judge by order dated 08.09.2020, disposed of the writ petition at the motion stage in view of the submission made on behalf of the respondent Nos. 9 to 17 that they desire to withdraw the Resolution dated 21.08.2020, whereby the appellant was removed from the post of President of Sonabarighat Gaon Panchayat, Silchar. In view of such submission, the learned Single Judge closed the writ petition by accepting the contention of the counsel for the respondents and declared the Resolution dated 21.08.2020 to be null and void. The learned Single Judge also observed that since the Resolution has not been defeated, but it has not been pressed upon by the respondents resulting in its withdrawal, the respondent Nos. 9 to 17 are entitled to proceed in any manner as they may be advised under the law against the appellant/writ petitioner.

3. The private respondents submitted another requisition on 14.09.2020 for convening a special meeting under Section 15 of the Act of 1994 for moving a No Confidence Motion against the appellant. The said notice was received by the appellant on 21.09.2020. It was the case of the appellant before the learned Single Judge that in view of the bar contained in the second proviso to Section 15 of the Act, the appellant sought for legal advice.

4. Since the meeting as requisitioned was not convened, by communication dated 07.10.2020, the Secretary of Sonabarighat Gaon Panchayat, by referring to the provisions of Section 15(1) of the Act of 1994, intimated the President of Sonai Anchalik Panchayat that the period of 15 days had elapsed on 06.10.2020 and as the President did not convene the meeting as requisitioned, the Secretary of Sonabarighat Gaon Panchayat submitted a petition for convening/holding a meeting for moving a No Confidence Motion to the Sonai Anchalik Panchayat in terms of the provisions of the Act. The appellant, thereafter, approached this Court by filing a writ petition being WP(C) No. 3805/2020 challenging the requisition notice dated 14.09.2020 which, however, was subsequently withdrawn on 08.01.2021.

5. The appellant thereafter filed a review application i.e. Review Petition No. 91/2020 seeking review of the order dated 08.09.2020 passed in WP(C) No. 3411/2020. The said review application came to be disposed of vide order dated 15.10.2020 holding inter alia that as the Resolution dated 21.08.2020 was held to be null and void, it has to be understood that the motion was lost and, consequently, the bar contained in the second proviso to Section 15(1) of the Act of 1994 would be applicable.

6. The respondent Nos. 7 to 14 being aggrieved by the order dated 15.10.2020 passed in Review Petition No. 91/2020, preferred a writ appeal before a Division Bench of this Court which wa