Point of Law: 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 territorial constituencies in Panchayat area.

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 :-

2.1. In the General Panchayat Election held on 09.12.2018, the petitioner contested for the post of President of Chotoguma Gaon Panchayat. The results of the election were declared on 14.12.2018 and the petitioner got elected to the post of President of Chotoguma Gaon Panchayat [hereinafter referred to as ‘the Gaon Panchayat’, at places, for convenience] as per the provisions of Section 6[1][b] of the Assam Panchayat Act, 1994, as amended. In the said General Panchayat Election, the respondent nos. 6 – 15 also got themselves elected as Ward Members of the Gaon Panchayat. After the election, the respondent no. 6 got elected as the Vice-President of the Gaon Panchayat in terms of the provisions of Section 6[3] of the Assam Panchayat Act, 1994, as amended, in the first meeting of the Gaon Panchayat held on 06.02.2019.

2.2. On 18.07.2022, 8 [eight] nos. of Ward Members of the Gaon Panchayat submitted a requisition notice addressing the same to the President of the Gaon Panchayat i.e. the petitioner expressing want of confidence in her as President of the Gaon Panchayat and seeking convening of a special meeting within 15 days from the date of receipt of the requisition notice to discuss the motion of no confidence. The requisition notice dated 18.07.2022 was received by the respondent no. 5 on 19.07.2022 under his signature and seal.

2.3. It was the contention of the petitioner that despite receipt of the requisition notice by the respondent no. 5 on 19.07.2022, he did not bring the same to the notice and knowledge of the petitioner. It was also contended that the Ward Members of the Gaon Panchayat also did not bring the requisition notice to the notice and knowledge of the petitioner. As a result, the petitioner was completely unaware about the requisition notice dated 18.07.2022 till 17.09.2022.

2.4. The Secretary of the Gaon Panchayat, that is, the respondent no. 5 had referred the matter including the requisition notice to the President of Hatidhura Anchalik Panchayat by his letter dated 02.08.2022 mentioning inter alia that despite visits of the office peon to the residence of the petitioner, the requisition notice could not be served upon the petitioner for approval to convene the special meeting. By the letter dated 02.08.2022, the respondent no. 5 sought intervention of the President of Hatidhura Anchalik Panchayat for convening the special meeting by taking necessary steps.

2.5. On receipt of the letter dated 02.08.2022 from the respondent no. 5, the Executive Officer of the Hatidhura Anchalik Panchayat [the respondent no. 3] issued a notice dated 06.08.2022 to the petitioner, the Ward Members of the Gaon Panchayat and other officials informing them that the no confidence motion brought against the petitioner would be discussed in a meeting convene