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DEVASHIS BARUAH
Shambu Rabidas S/o Bishwanath Rabidas – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
1. The instant writ petition has been filed by the Petitioner challenging the No-Confidence Resolution dated 26.06.2023, whereby in the special meeting which was convened a resolution of no-confidence was passed against the Petitioner. It reveals from the record that this Court vide an order dated 28.07.2023 had issued Notice and in the interim had stayed the Resolution dated 26.06.2023 held in the special meeting of 14 Nos. Rangirghat Gaon Panchayat as well as also the communication dated 26.06.2023 issued by the Executive Officer, Sonai Anchalik Panchayat to the Deputy Commissioner, Cachar till the next date. The said interim order so passed on 28.07.2023 was directed to be continued vide an order dated 28.08.2023 and the same is in operation. This Court further finds it relevant to take note of that the private Respondents i.e. Respondent Nos.9 to 17 have also filed an application seeking vacation of the order dated 28.07.2023.
2. Mr. K.P. Pathak, learned counsel appearing on behalf of the private Respondents submits that the contents of the said interlocutory application be treated as the affidavit-in-opposition of the private Respondents. In the backdrop of the above,
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.
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 : 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....
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.
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.
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-....
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