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MANISH CHOUDHURY
Ruhul Amin S/o. Lt. Aklasur Rahman – Appellant
Versus
State of Assam, Rep. by the Commissioner and Secretary to Panchayat and Rural Deptt. Govt. of Assam – Respondent
JUDGMENT :
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 9 [nine] nos. of Ward Members of Anipur Gaon Panchayat on 26.09.2022, in its entirety, which proceedings had ultimately culminated in a special meeting, held on 17.10.2022, in the office of the Dullavcherra Anchalik Panchayat, with the passing of a motion of no confidence against the petitioner. In the special meeting held on 17.10.2022, the alleged motion of no confidence initiated against the petitioner for the purpose of removing him from the post of President of Anipur Gaon Panchayat was stated to have been passed with two-third majority since 9 [nine] nos. of Ward Members of Anipur Gaon Panchayat voted against the petitioner by the process of secret ballots. The petitioner has also laid challenge to a letter dated 17.10.2022 of the respondent no. 5 and the order dated 21.10.2022 of the respondent no. 3, issued subsequent to the special meeting, held on 17.10.2022, on the strength of the resolution passed therein.
2. The background facts which have to led the petitioner to institute the instant
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....
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....
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 : Duty of the Chairman/Vice-Chairman to face the no-confidence motion, as they were elected office-bearers and if they had lost the confidence of the majority to continue as such office-....
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