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ARUN DEV CHOUDHURY
Aminul Hoque S/o. Monnat Ali – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
Heard Mr. M. U. Mondal, learned counsel for the petitioner. Also heard Mr. K. Gogoi, learned State Counsel for the respondent Nos. 1, 4 and 5, Mr. S. Dutta, learned Standing Counsel for the P&RD Department representing the respondent Nos. 2, 3, 6, 9 and 10 and Mr. J. Abedin, learned counsel for the respondent Nos. 11 to 18.
2. The present petitioner was the President of 94 Dubachuri Gaon Panchayat. Being aggrieved by a letter dated 19.12.2020, by which a “No Confidence Motion” was requisition by the 8 (eight) members of the Gaon Panchayat, preferred a writ petition being WP(C) No. 190/2021. The further challenge made in the said writ petition was another letter dated 06.01.2021 by way of which, the Secretary of the Gaon Panchayat had referred the matter of “No Confidence Motion” to the President of Nayer Alga Anchalik Panchayat for holding a special meeting. It was further prayed for setting aside the resolution dated 08.01.2021, by which the “No Confidence Motion” was passed in the said meeting held on 08.01.2021.
3. The basic ground of challenge of the said resolution was that Section 15 (2) of the Assam Panchayat Act, 1994 was violated. This Court by its order dated 05.0
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 ....
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....
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.
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.
In a judicial proceeding any interference of an order which a person may be beneficiary of cannot be initiated and concluded without issuing notice to person who is beneficiary.
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....
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....
Point of Law : Expression is “not less than so many days” both the terminal days have to be excluded and the number of days mentioned, must be clear days.
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