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MANISH CHOUDHURY
Bulima Begum, W/o. Sri Anowar Hussain – Appellant
Versus
State of Assam, Represented by the Principal Secretary to the Government of Assam, Panchayat & Rural Development – Respondent
JUDGMENT :
This writ petition under Article 226 of the Constitution of India has been instituted by the petitioner assailing the proceedings of a special meeting held at 11-00 a.m. on 17.09.2022 in the office of Hatidhura Anchalik Panchayat to discuss a motion of no confidence brought against the petitioner as the President of Chotoguma Gaon Panchayat on the basis of a requisition notice submitted by 8 [eight] nos. of Ward Members of Chotoguma Gaon Panchayat on 18.07.2022 expressing want of confidence in the petitioner to continue as the President of Chotoguma Gaon Panchayat and requesting the respondent no. 5 i.e. the Secretary of Chotoguma Gaon Panchayat to convene a special meeting. The petitioner has also sought for directions in the nature of mandamus to the respondent authorities to cancel/withdraw and/or not to give effect to the notice dated 14.09.2022 issued by the President of Hatidhura Anchalik Panchayat [the respondent no. 4] and for a direction to allow the petitioner to continue and perform the functions of the President of Chotoguma Gaon Panchayat.
2. The sequence of events leading to the institution of the present writ petition can be exposited, in brief, as follows :
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....
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-....
Point of Law : Waiver is a question of conduct and can be determined on the facts and circumstances of each case.
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....
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