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ACHINTYA MALLA BUJOR BARUA, SUSMITA PHUKAN KHAUND
Shikha Rani Suklabaidhya, W/o. Sanku Suklabaidhya – Appellant
Versus
State Of Assam, To Be Rep. By The Comm. And Secy. To The Govt. Of Assam – Respondent
JUDGMENT :
(A.M. Bujor Barua, J.)
Heard Mr. D Hussain, learned counsel for the writ appellants. Also heard Mr. S Dutta, learned counsel for the respondents in the P & RD Department, Ms. U. Das, learned counsel for the respondent no. 3 being the Deputy Commissioner, Karimganj and Mr. PK Roychoudhury, learned counsel for the respondent no. 8.
2. Nine members of the Maizgram Gaon Panchayat made a requisition dated 07.09.2021 for a meeting of no confidence against the President of the Gaon Panchayat, namely Hitendu Rudrapaul. Under Section 15 (1) of the Assam Panchayat Act, 1994 (in short, Act of 1994), the meeting of no confidence is required to be convened by the Secretary of the Gaon Panchayat with the approval of the President of the Gaon Panchayat within a period of fifteen days from the date of receipt of the notice. In the event the meeting could not be convened because of the approval not being given by the President, the Secretary of the Gaon Panchayat within a period of three days, after expiry of fifteen days from the receipt of the notice, is required to refer the matter to the President of the concerned Anchalik Panchayat, who thereupon shall convene the meeting within sev
In a judicial proceeding any interference of an order which a person may be beneficiary of cannot be initiated and concluded without issuing notice to person who is beneficiary.
Section 15(2) of Assam Panchayat Act, 1994 which provides for giving notice to President for purpose of holding a No Confidence Motion is mandatory and non compliance of such mandatory provision and ....
Word ‘lost’ appearing in 2nd proviso to section 15(1), in deference to fundamental principles of statutory interpretation, has to be essentially comprehended in text and context in which it appears.
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....
Requisition notice received by Gaon Panchayat Secretary cannot be construed to be due notice to President and the period of 15 [fifteen] days as contemplated under Section 15 can be counted only from....
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 main legal point established in the judgment is the mandatory nature of the 15-day period for convening a no confidence meeting as per Section 15 of the Assam Panchayat Act, 1994.
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