Back
ACHINTYA MALLA BUJOR BARUA
NIBHA PATHAK W/O BINOD PATHAK – Appellant
Versus
STATE OF ASSAM – Respondent
JUDGMENT :
ACHINTYA MALLA BUJOR BARUA, J.
1. Heard Ms. S.B. Choudhury, learned counsel for the petitioner and Mr. N.K. Dev Nath, learned counsel for the respondents No. 1 to 4, being the authorities under the P&RD of the Government of Assam. Also heard Mr. H. Sarma, learned Addl. Senior Government Advocate for the respondents No. 5 and 10, respectively being the Deputy Commissioner, Barpeta and the Block Development Officer, Bhawanipur Development Block and Mr. M. Sarania, learned counsel for the private respondents No. 6 to 9 being the members of the No. 9 Pub Paka Gaon Panchayat.
2. The petitioner is the President of No. 9 Pub Paka Gaon Panchayat under the Bhawanipur Anchalik Panchayat. Eight members of the said Gaon Panchayat made a requisition for a special meeting of No-Confidence on 24.01.2022 under Section 15(1) of the Assam Panchayat Act, 1994 (for short ‘the Act of 1994’). A stand is taken that subsequently two of the members out of the eight who had given requisition for the special meeting had withdrawn as per the letter dated 21.03.2022. Be that as it may, as the petitioner President did not approve the convening of the said special meeting for No-Confidence, the Secretary
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....
Failure to convene a meeting for a no confidence motion against the Vice President in violation of Section 15(1) 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.
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(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 ....
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.
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.
“A mandatory provision of law requires strict compliance but there are situations where even if a provision is mandatory, non-compliance would not result in nullification of act, such as when a certa....
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
