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2023 Supreme(Gau) 160

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MANISH CHOUDHURY, J.
Amina Khatun W/o Late Zakir Hussain – Petitioner
Versus
The State of Assam and Others – Respondents
W.P. (C) No. 5350 of 2021
Decided On : 20-02-2023

Advocates:
Advocate Appeared:
For the Petitioners: S.C. Biswas, R. Majumdar, N. Ahmed.
For the Respondents: S. Dutta, N. Goswami, A. Mannaf.

Headnote:

Constitution of India, 1950 - Article 226 - Assam Panchayat Act, 1994 - Section 6(1)(b), (3), 15, (1), 17(3) - Illegally convened special meeting - No confidence motion - Removing from office of President- Petitioner challenge to a letter of respondent no. 4 whereby respondent no. 4 had intimated his approval to resolution passed in special meeting in matter of no confidence – Held, Proceedings of special meeting has been interfered with on premise that there was non-adherence of procedure required to be followed to bring requisition notice to knowledge of petitioner in manner recognized and there was no clear three days notice for special meeting, motion of no confidence, brought against petitioner, cannot be held to have been lost - Court is of considered view that motion of no confidence, brought against petitioner, shall continue from stage at which it has been interfered with - Court is of view that a similar direction is called for in case in hand also because motion of no confidence is not lost and still survives in view of fact that it was taken up for consideration in an illegally convened special meeting - It is, therefore, directed that petitioner as President of No. 3 shall convene a special meeting - Petition allowed.

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 which have led the petitioner to institute the instant writ petition can be, briefly, narrated as follows:

    2.1. In the General Panchayat Election held in the year 2018, the petitioner submitted her nomination for the post of President, No. 3 Bhauriabhitha Gaon Panchayat. In the General Panchayat Election so held, the petitioner got elected to the post of President, No. 3 Bhauriabhitha Gaon Panchayat [hereinafter also referred to as ‘the Gaon Panchayat’ at places] as per the provisions of Section 6(1)(b) of the Assam Panchayat Act, 1994. In the same General Panchayat Election, the respondent nos. 8-17 also got themselves elected as Ward Members of No. 3 Bhauriabhitha Gaon Panchayat. Apart from the directly elected President, No. 3 Bhauriabhitha Gaon Panchayat is consisted of 10 [ten] nos. of Ward Members. After the election, the respondent no. 8 got elected as the Vice- President of the Gaon Panchayat in terms of the provision contained in Section 6(3) of the Assam Panchayat Act, 1994. On 06.08.2021, 8 [eight] nos. of Ward Members of the Gaon Panchayat submitted a requisition notice, addressed to the President of the Gaon Panchayat i.e. the petitioner, expressing want of confidence in the petitioner to continue in the capacity of President, No. 3 Bhauriabhitha Gaon Panchayat and had sought for convening of a special meeting to discuss the motion of no confidence.

3. The contesting parties are not in disagreement on the point that the requisition notice was submitted under the seals and signatures of 8 [eight] nos. of Ward Members i.e. the respondent nos. 8- 15 as requisitionists to the respondent no. 6 i.e. the Secretary of No. 3 Bhauriabhitha Gaon Panchayat. The dispute between the petitioner on one hand and 8 [eight] nos. of Ward Members as the requisitionists of the requisition notice on the other hand, is about the date on which the requisition notice dated 06.08.2021 was brought to the notice of the petitioner seeking her approval to convene a special meeting in terms of the provisions contained in Section 15(1) of the Assam Panchayat Act, 1994. The petitioner has questioned the role played by the respondent no. 6 in not bringing the requisition notice dated 06.08.2021 in the manner such a requisition notice is required to be brought.

4. While not dealing with the events which occurred in the interregnum from 06.08.2021 to 21.08.2021 for the time being, the events which occurred on and from 21.08.2021 can be noticed from the contents of a letter dated 21.08.2021 of the respondent no. 6, addressed to the President, Goroimari Anchalik Panchayat. By the letter dated 21.08.2021, the respondent no. 6 had referred the matter relating to the motion of no confidence to the President, Goroimari Anchalik Panchayat to take necessary steps in the matter, more p

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