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SANDEEP MEHTA, SOUMITRA SAIKIA
Kamran Pasha Choudhury, S/o Mustafa Uddin Choudhury – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
SOUMITRA SAIKIA, J.
This writ appeal is directed against the order dated 09.08.2021 passed by the learned Single Judge in W.P(C) No. 3333/2021. By the impugned order, the writ petition filed by the appellant assailing the order dated 18.05.2021, removing him as President of 35 no. Baghan Gaon Panchayat under Lowairpoa Anchalik Panchayat, was dismissed by the learned Single Judge.
2. The appellant was the President of 35 No. Baghan Gaon Panchayat under Lowairpoa Anchalik Panchayat in the District of Karimganj. On 22.01.2021, eight (8) members of Gaon Panchayat filed a requisition for a special meeting for no confidence motion against the appellant before the Secretary of the Gaon Panchayat. It is the submission of the appellant that the Secretary of the Gaon Panchayat forwarded the requisition dated 22.01.2021 to the President, Lowairpoa Anchalik Panchayat on 15.02.2021 without informing the President, of the 35 No. Baghan Gaon Panchayat namely the appellant herein. Thereafter, the President, Lowairpoa Anchalik Panchayat issued notice dated 17.02.2021 informing that 22.02.2021 was the date fixed of the meeting for no confidence motion against the appellant. In terms of the n
Section 15(1) of Panchayat Act categorically mandates that there should be service of notice of no confidence motion upon President by Secretary thereby giving him 15 clear days.
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.
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....
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.
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 ....
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....
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