Point of Law: “A mandatory provision of law requires strict compliance but there are situations where even if a provision is mandatory, non-compliance would not result in nullification of act, such as when a certain requirement or condition is provided in a statute for benefit or interest of a particular person, same can be waived by him if no public interest is involved.”

JUDGMENT :

M. Thakuria, J.

Heard Mr. M. Sarma, learned counsel for the appellant. Also heard Mr. K. Konwar, learned Standing Counsel, P & RD, Assam, representing respondent No. 1; Ms. M. Bhattacharrya, learned Government Advocate Assam, representing respondent Nos. 2 & 4; Mr. P. J. Saikia, learned Senior Counsel assisted by Ms. M. Nirola, learned counsel for the respondent No. 7; and Mr. M. Kashyap, learned counsel for the respondent Nos. 9 to 13.

2. This intra-court appeal has been preferred against the judgment and order, dated 24.03.2022, passed by the learned Single Judge in WP(C) No. 3563/2021 (Mamtaj Begum Vs. The State of Assam & Ors.).

3. The case of the appellant is that she preferred a writ petition, being WP(C)/3563/2021, assailing the proceeding in a special meeting, held on 19.02.2021, wherein, a motion of no confidence against the President of Dimaruguri Gaon Panchayat, i.e. the appellant, had allegedly been passed by 2/3 majority against her and all consequential actions taken thereupon. The appellant had also challenged the order dated 25.06.2021, passed by the respondent No. 2, whereby, it has been notified that the Office of the President of Dimaruguri Gaon Panchayat has stood vacated and as a consequence, the Vice-President of Dimaruguri Gaon Panchayat has been allowed to exercise the power and perform and discharge all the functions and duties of the President of Dimaruguri Gaon Panchayat.

4. The primary grievance of the appellant in preferring the present appeal is based on the statutory time period as prescribed under Section 15 read with Section 17(3) of Assam Panchayat Act, 1994, with regards to conduct of a special meeting. The learned Single Judge, vide judgment and order dated 24.03.2022, held that by attending the special meeting on 19.02.2021, after duly receiving the notice dated 16.02.2021, from the Deputy Commissioner, the appellant cannot raise the plea regarding non-compliance of timeline prescribed under Section 17 of Assam Panchayat Act, 1994, by completely bypassing the mandate of Section 17(3) of the Act in the said impugned order. Thus, being aggrieved and dissatisfied with the impugned judgment and order, dated 24.03.2022, passed in WP(C)/3563/2021, the present appeal has been preferred by the appellant.

5. It is stated that the appellant though attended the special meeting, held on 19.02.2021, yet, during the course of meeting, the Ballot Box was never opened and thereby the secret votes cast in the said special meeting were counted on another date behind the back of appellant. As soon as the appellant came to know about the order dated 25.06.2021, passed by the respondent No. 2, she submitted a representation on 03.07.2021, reiterating her stand that the Ballot Box was never opened in the course of the special meeting in her presence. She further contended that the timelines prescribed in the provisions of the Assam Panchayat Act, 1994, were violated while passing the impugned order dated 25.06.2021.

6. On the other hand, the State respondents raised a plea before the learned Single Judge that the notice, dated 12.02.2021, under Section 15(1) of the Assam Panchayat Act, 1994, was duly issued to convene special meeting in connection with the No-Confidence Motion brought against the President of Dimoruguri Gaon Panchayat, i.e. the appellant. On 19.02.2021, in the special meeting, it was observed that a total of 7 (seven) members were in favour of the No-Confidence Motion, whereas 3 (three) members were against the No-Confidence Motion. Accordingly, Section 13(1) of the Assam Panchayat Act, 1994, was complied with while passing the impugned order dated 25.06.2021, which entitles the Vice-President of Gaon Panchayat to exercise all the powers and functions to discharge all the duties entrusted to a President during the absence of the President of the concerned Gaon Panchayat.

7. The points raised before the learned Single Judge was that “whether the timelines prescribed under Sections 15 & 17 of t