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MANISH CHOUDHURY
Nur Hussain – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
1. The petitioner has instituted this writ petition under Article 226 of the Constitution of India assailing a requisition notice submitted by the 9 [nine] nos. of Ward Members of 79 no. Kadong Gaon Panchayat on 28.04.2022 to the Secretary of the said Gaon Panchayat with a request to convene a special meeting to discuss a motion of no confidence against the petitioner to continue as the President of 79 no. Kadong Gaon Panchayat. The petitioner has also assailed a letter dated 13.05.2022 of the Secretary of 79 no. Kadong Gaon Panchayat, whereby, the Secretary of the Gaon Panchayat had referred the requisition notice dated 28.04.2022 to the President of Mandia Anchalik Panchayat to take necessary steps for convening a special meeting to discuss the motion of no confidence expressed by the 9 [nine] nos. of Ward Members of the Gaon Panchayat vide the requisition notice dated 28.04.2022.
2. In the Panchayat General Election, the petitioner came to be directly elected for the post of President of 79 no. Kadong Gaon Panchayat ['the Gaon Panchayat', for short], District - Barpeta under the jurisdiction of Mandia Anchalik Panchayat and Barpeta Zilla Parishad in terms of Section 6
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 : 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....
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.
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....
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.
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