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DEVASHIS BARUAH
Rehena Khatun, W/o Lt. Husen Ali – Appellant
Versus
State of Assam Through The Principal Secy. To The Govt. Of Assam, Panchayat And Rural Development Deptt. – Respondent
JUDGMENT :
1. The instant writ petition has been filed by the Petitioner for a Writ of Certiorari to set aside and quash the impugned letter dated 14.06.2021 issued by the Respondent No.6, the Secretary of the 64 No. Tapeswara Gaon Panchayat referring the matter to the President, Ruposhi Anchalik Panchayat for holding the special meeting to discuss No-Confidence Motion against the Petitioner; for setting aside and quashing the impugned letter dated 15.06.2021 issued by the Executive Officer, Ruposhi Anchalik Panchayat for holding the special meeting to discuss No-Confidence Motion against the Petitioner; for setting aside and quashing the impugned resolution dated 21.06.2021 adopted in the special meeting expressing No-Confidence Motion against the Petitioner and to allow the Petitioner to work as the President of the said Gaon Panchayat.
2. The facts as could be discerned from a perusal of the writ petition is that the Petitioner was directly elected as the President of 64 No. Tapeswara Gaon Panchayat (for short referred to as the ‘Gaon Panchayat in question’) in the district of Barpeta, Assam. It was alleged in the writ petition that some members of the Gaon Panchayat in question i
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 : 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....
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.
Point of Law : Process subsequent to requisition notices expressing want of confidence had failed finally either on technical grounds or due to procedural irregularities, this Court, thus, is of the ....
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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