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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)
AJIT BORTHAKUR, J.
Smti. Likha Yager, W/o Shri Likha Tania - Appellant
Versus
The State of Arunachal Pradesh – Respondent
WP(C) 170 of 2023
Decided on : 05-10-2023
Arunachal Pradesh Panchayati Raj Act, 1997 - Section 63(1) - Gram Panchayat Chairperson - Motion of no-confidence against petitioner – Held, petitioner has not come with clean hands seeking remedy under writ jurisdiction – Petitioner further appears to have not brought on record aforesaid material facts that developed consequent upon impugned notice, dated vide Annexure-VII was passed after withdrawal of first no-confidence motion vide Annexure-V, that is, without a formal defeat of motion, that was called for, on floor of Gram Panchayat – No amendment to writ petition has been made in view of aforesaid subsequent developments, which was necessary for a fair and just disposal of entire grievance of petitioner – Writ petition is disposed of.
JUDGMENT :
Heard Mr. K. Taja, learned counsel for the petitioner. Also heard Mr. S. Tapin, learned Senior Government Advocate, Arunachal Pradesh for the State respondent Nos. 1, 2 & 3 and Mr. R. Nabam, learned counsel appearing for the respondent Nos. 3 to 11.
2. This writ petition is directed against the notice dated 23.03.2023, issued by the Circle Officer-cum-Member Secretary, 02/06 Kuchkuth GP, Yazali, vide Memo No. YZL/PR/2019/1373-77, whereby, it has been notified that as per Section 63(1) of the Arunachal Pradesh Panchayati Raj Act, 1997, a motion of no-confidence against the petitioner, who is the Gram Panchayat Chairperson of 02/06, Kuchkuth Gram Panchayat, shall be conducted on 03.04.2023 at 1100 Hours in the Office of the Circle Officer, Yazali.
3. The petitioner’s grievance is that she is the elected Gram Panchayat Chairperson of Kuchkuth Gram Panchayat after she was elected from the said Gram Panchayat Constituency. However, the impugned notice dated, 23.03.2023, was issued by the Circle Officer-cum-Member Secretary, 2/6 Kuchkuth GP, Yazali, vide Memo No. YZL/PR/2019/1373-77 directing to hold no-confidence motion on 05.01.2023 against her based on an application filed by 8 GPM raising some allegations. Mr. Taja, learned counsel for the petitioner contends that the petitioner was elected as a Gram Panchayat Member of 02/06 Kuchkut Gram Panchayat from the 2/6/10 Peji Taib Gram Panchayat Constituency on 26.12.2020. The petitioner was further elected as Chairperson of 02/06 Kuchkuth Gram Panchayat on 15.01.2021. While the petitioner was elected as Chairperson of 2/6 Kuchkut Gram Panchayat, an application, dated 07.12.2022, was submitted to the Circle Officer-cum-Member Secretary, 02 Yazali Zilla Segment, by one Shri Chukhu Dokho GPM. 02/06/07 Tekir Segment and 7 (seven) others, on the basis of which, a notice under Section 63(1) of the Arunachal Pradesh Panchayati Raj Act, 1997, dated 29.12.2022 was issued by the Circle Officer-cum-Member Secretary, 02/06 Kuchkuth GP, Yazali, vide Memo No. YZL/PR/2019-1227-31, whereby, a no-confidence motion against the petitioner was fixed on 05.01.2023 at 1100 Hours in the Office of the Circle Officer, Yazali, which, however, was deferred to 23.01.2023 by an another notice issued on 13.01.2023 by the Circle Officer-cum-Member Secretary, 02/06 Kuchkuth GP, Yazali, vide Memo No. YZL/PR/2019-1256/60. The aforesaid notice for no-confidence motion against the petitioner was, however, withdrawn by an application, dated 21.01.2023, submitted to the Circle Officer-cum-Member Secretary, Yazali, Lower Subansiri District by Shri Chukhu Dokho GPM.
4. While the matter rested thus, the said Shri Chukhu Dokho GPM 02/06/07 Tekir Segment, along with 7 (seven) other Gram Panchayat Members, had submitted yet another application, dated 22.03.2023 to the Circle Officer-cum-Member Secretary, 02 Yazali Zilla Segment, seeking no-confidence motion against the petitioner from the Chairperson of Gram Panchayat of 02/06 Kuchkuth Panchayat. Pursuant thereto, another notice under Section 63(1) of the Arunachal Pradesh Panchayati Raj Act, 1997, dated 23.03.2023 was issued by the Circle Officer-cum-Member Secretary, 02/06 Kuchkuth GP, Yazali, vide Memo No. YZL/PR/2019/1373-77, whereby, no-confidence motion against the petitioner, who is the Gram Panchayat Chairperson of 02/06 Kuchkuth Gram Panchayat, has been scheduled to be held on 03.04.2023 at 1100 Hours in the Office of the Circle Officer, Yazali.
5. According to Mr. Taja, learned counsel for the petitioner, a no confidence motion against a Chairperson of Gram Panchayat under Section 63 of the Arunachal Pradesh Panchayati Raj Act, 1997, is to be preceded by a notice of at least 7 (seven) days in writing to the Member Secretary by one-third of the total number of the Members of the Gram Panchayat. In the instant case, the impugned notice of no-confidence motion by the Member Secretary, having been issued on the next date of the application received by the Member Sec
Point of Law : Upa Sarpanch – No confidence notice – Two notices - proposal of no confidence motion 2nd time against the petitioner within a period of two years from the 1st proposals and the same is....
Procedural safeguards under Section 24 of the Odisha Gram Panchayat Act are mandatory for no-confidence motions; late notice receipt does not invalidate proceedings absent demonstrable prejudice.
The court ruled that compliance with procedural safeguards under the Odisha Gram Panchayat Act, 1964 is critical for no-confidence motions, affirming that minor deviations do not invalidate democrati....
Compliance with procedural safeguards under Section 24 of the Odisha Gram Panchayat Act is crucial, but minor deviations that do not demonstrate prejudice may not invalidate no-confidence proceedings....
The importance of adhering to procedural requirements for no confidence motions, the significance of majority opinion, and the discretionary powers of the court in such matters.
The court affirmed that compliance with statutory notice provisions in a no confidence motion was sufficient, and challenges based on alleged deficiencies or political motives were unsubstantiated.
Section 15(1) of Panchayat Act categorically mandates that there should be service of notice of no confidence motion upon President by Secretary thereby giving him 15 clear days.
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