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MANISH CHOUDHURY
Amina Khatun W/o Late Zakir Hussain – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
MANISH CHOUDHURY, J.
1. The writ petition under Article 226 of the Constitution of India has been instituted by the petitioner assailing the proceedings, initiated by a requisition notice submitted by 8 [eight] nos. of Ward Members of No. 3 Bhauriabhitha Gaon Panchayat on 06.08.2021, in its entirety, which proceedings had ultimately culminated in a special meeting held, on 26.08.2021, in the office of the Goroimari Anchalik Panchayat, with the passing of a motion of no confidence against the petitioner. In the special meeting held on 26.08.2021, the alleged motion of no confidence initiated against the petitioner for the purpose of removing her from the office of the President, No. 3 Bhauriabhitha Gaon Panchayat was stated to have been passed with more than two-third majority since 8 [eight] nos. of Ward Members of No. 3 Bhauriabhitha Gaon Panchayat voted against the petitioner by the process of secret ballots. The petitioner has also laid challenge to a letter dated 09.09.2021 of the respondent no. 4 whereby the respondent no. 4 had intimated his approval to the resolution passed in the special meeting in the matter of no confidence on 26.08.2021.
2. The background events
Point of Law : Process subsequent to requisition notices expressing want of confidence had failed finally either on technical grounds or due to procedural irregularities, this Court, thus, is of the ....
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.
Adherence to procedural formalities and timelines outlined in the Assam Panchayat Act, 1994, is crucial in matters related to motions of no confidence against elected office-bearers in Gaon Panchayat....
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