Back
DEVASHIS BARUAH
Hifjur Rahman Laskar S/o. Jalal Uddin Laskar – Appellant
Versus
State Of Assam And Ors. Represented By The Principal Secretary To The Govt. Of Assam Panchayat And Rural Development Department Dispur Guwahati – Respondent
JUDGMENT & ORDER :
Heard Mr. S.B.Laskar, the learned counsel appearing on behalf of the petitioner and Mr. D.Das, the learned senior counsel assisted by Mr. P.K.Deka, the learned counsel appearing on behalf of the respondent Nos.7 to 15. I have also heard Mr. S. Dutta, the learned standing counsel for the Panchayat and Rural Development Department, who appears on behalf of the respondent Nos. 1 3, 4 and 6 and Mr. N. Goswami, the learned counsel appearing for the respondent No. 2.
2. Taking into account the order which this Court proposes to pass, the presence of the respondent No. 5 is not considered necessary for the purpose of disposal of the instant writ petition.
3. The case of the petitioner herein is that the petitioner was elected as the President of North Narayanpur Gaon Panchyat under Algapur Anchalik Panchayat of Hailakandi Zilla Parishad in the district of Hailakandi. It has been mentioned in the petition that on 02/06/2022 nine members of the Gaon Panchayat had submitted a letter to the Secretary of the Gaon Panchayat with a request to convene a meeting for no confidence motion against the petitioner. The Secretary of the Gaon Panchayat of the North Narayanpur Gaon Panchay
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 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....
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.
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
