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MANISH CHOUDHURY
Salim Uddin Laskar S/o. Ansar Uddin Laskar – Appellant
Versus
State Of Assam Represented By The Commissioner And Secretary To The Govt. Of Assam – Respondent
JUDGMENT :
1. The writ petition under Article 226 of the Constitution of India has been instituted by the petitioner primarily assailing the proceedings, initiated originally by a requisition notice dated 05.09.2022 submitted by 9 [nine] nos. of Ward Members of Borbond Gaon Panchayat, District – Hailakandi, in its entirely, which proceedings had ultimately culminated in a special meeting held, on 29.11.2022, in the office of the Lala Anchalik Panchayat with the passing of a motion of no confidence against the petitioner. In the special meeting held on 29.11.2022, the alleged motion of no confidence initiated against the petitioner for the purpose of removing him from the office of the President, Borbond Gaon Panchayat was stated to have been passed with more than two-third majority since 9 [nine] nos. of Ward Members of Borbond Gaon Panchayat, out of the total 10 [ten] Ward Members, voted against the petitioner in the process of secret ballots. The petitioner has also prayed for a direction in the nature of mandamus to direct the respondent authorities to allow the petitioner to continue as the President, Borbond Gaon Panchayat.
2. The background events which have led the petitione
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.
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 ....
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 : 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 ....
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