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 Panchayats.

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[1][b] of the Assam Panchayat Act, 1994 ['the Panchayat Act', for short].

3. I have heard Mr. R. Ali, learned counsel for the petitioner; Mr. N.K. Dev Nath, learned Standing Counsel, Panchayat & Rural Development [P&RD] Department for the respondent nos. 1, 3, 4, 5 & 6; Mr. R. Talukdar, learned Junior Government Advocate, Assam for the respondent no. 2; and Mr. N.H. Mazarbhuiya, learned counsel for the respondent nos. 7 - 15.

4. It has been contended on behalf of the petitioner that the requisition notice dated 28.04.2022 was referred by the Secretary of the Gaon Panchayat without placing the requisition notice dated 28.04.2022 before the petitioner to seek his approval to convene the special meeting and without waiting for expiry of the mandatory period of 15 [fifteen] days thereafter, for the petitioner as the President of the Gaon Panchayat to accord approval on the requisition notice submitted by the 9 [nine] nos. of Ward Members. Such reference of the matter by the Secretary of the Gaon Panchayat to the Anchalik Panchyat on 13.05.2022 was beyond the jurisdiction of the Secretary of the Gaon Panchayat. A contention is also advanced to the effect that a writ petition, W.P.[C] no. 922/2021 questioning the validity of a process initiated by an earlier requisition notice dated 07.12.2020 on the matter of a no confidence motion has been pending for adjudication as on 28.04.2022, when the subsequent requisition notice was submitted and therefore such an exercise is not permissible when the earlier process is sub-judice.

5. At this juncture, it is apposite to refer to the provisions of Section 15 of the Panchayat Act. Section 15 of the Panchayat Act has provided for the matter of no confidence against the President and the Vice-President of the Gaon Panchayat. It is provided, inter alia, in sub- section [1] of Section 15 that every President of a Gaon Panchayat shall deemed to have vacated his office forthwith when a resolution expressing want of confidence in him is passed by two third majority of the total number of members of the Gaon Panchayat. It has also provided for the procedure for convening a special meeting. As per Section 15[1], a special meeting is to be convened by the Secretary of the Gaon Panchayat with the approval of the President of the Gaon Panchayat. In case such a special meeting is not convened within a period of 15 [fifteen] days from the date of receipt of the notice, the Secretary of the Gaon Panchayat is required to refer the matter within 3 [three] days therefrom to the President of the concerned Anchalik Panchayat, who has, in turn, to convene the special meeting within 7 [seven] days from the date of receipt of the information from the Secretary of the Gaon Panchayat and preside over such meeting. In case the President of th