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MANISH CHOUDHURY
Mina Deb, W/o. Pradip Das – Appellant
Versus
State of Assam, Represented by the Principal Secretary to the Govt of Assam, Department of Panchayat & Rural Development – Respondent
JUDGMENT :
The petitioner has instituted the writ petition under Article 226 of the Constitution of India to challenge a resolution adopted in a special meeting convened on 01.06.2020 to discuss a motion of no confidence brought against her for her removal from the office of the President of 101 no. Larsing Gaon Panchayat.
2. The background facts which have led the petitioner to institute the instant writ petition can be, briefly, narrated as follows :
3. In the General Panchayat Election held in the year 2018, the petitioner submitted her nomination for the post of President of 101 no. Larsing Gaon Panchayat, District – Cachar. In the General Panchayat Election so held, the petitioner got elected to the post of President of 101 no. Larsing Gaon Panchayat [hereinafter also referred to as ‘Larsing Gaon Panchayat’, for short] as per provision of Section 6[1][b] of the Assam Panchayat Act, 1994. In the said General Panchayat Election, the respondent nos. 5 – 11 also got themselves elected as Ward Members of Larsing Gaon Panchayat. Apart from the directly elected President, Larsing Gaon Panchayat is consisted of 10 [ten] nos. of Ward Members. After the election, the respondent no. 5 got e
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....
Point of Law : Waiver is a question of conduct and can be determined on the facts and circumstances of each case.
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 ....
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.
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