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MANISH CHOUDHURY
Hifjur Rahman Laskar, S/o. Jalal Uddin Laskar – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
1. The writ petition under Article 226 of the Constitution of India has been instituted by the petitioner assailing the Minutes of a special meeting held, at 02-30 p.m. on 12.01.2023, in the office of Algapur Anchalik Panchayat to discuss a motion of no confidence brought against the petitioner as the President of No. 1 North Narainpur Gaon Panchayat on the basis of a requisition notice submitted by 9 [nine] nos. of Ward Members on 02.06.2022 expressing want of confidence in the petitioner to continue as the President of No. 1 North Narainpur Gaon Panchayat and requesting the respondent no. 6 i.e. the Secretary, No. 1 North Narainpur Gaon Panchayat to convene a special meeting. The petitioner has also sought for a direction in the nature of mandamus to the respondent authorities to reinstate the petitioner as the President of No. 1 North Narainpur Gaon Panchayat and to allow him to exercise all the powers and to perform all the functions and duties of the President of North Narainpur Gaon Panchayat.
2. At the inception, it is apt to mention that there are several rounds of previous litigations as regards the matter of no confidence motion subsequent to submission of the r
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....
By Clause [4] of Article 243C, right to vote in meeting of Panchayat has been made limited to Chairperson of a Panchayat and other members of a Panchayat whether or not chosen by direct election from....
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 : 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-....
Point of Law : Waiver is a question of conduct and can be determined on the facts and circumstances of each case.
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