Failure to convene a meeting for a no confidence motion against the Vice President in violation of Section 15(1) of the Assam Panchayat Act, 1994.

ORDER :

1. Heard Mr. G. Uddin, leaned counsel for the petitioners. I have also heard Mr. B. Deori, learned Junior Government Advocate appearing on behalf of the respondent no. 3 and Mr. A. Roy, learned counsel appearing on behalf of the respondent nos.1, 2, 4, 5, 6 & 7.

2. This is an application under Article 226 of the Constitution of India challenging the inaction of the respondent no. 3 in not convening the special meeting for no confidence motion against the Vice President of Bandorkona Gaon Panchayat which as per the petitioners is in violation to Section 15 of the Assam Panchayat Act, 1994 (hereinafter referred to as the Act of 1994).

3. The brief facts of the instant case is that the petitioners are elected Gaon Panchayat Members of the Bandorkona Gaon Panchayat under Patharkandi Anchalik Panchayat in Karimganj District of Assam. The petitioners on 17.10.2019 submitted a requisition notice to the Secretary of Bandorkona Gaon Panchayat for convening a special meeting of no confidence motion against the Vice President of the said Gaon Panchayat. The Secretary of the Gaon Panchayat duly acknowledged the said requisition notice on 17.10.2019 and placed the same before the Vice President to accord his approval and fixing time and venue of the meeting. However, no meeting was convened within the stipulated period of 15 (fifteen) days. In the forwarding letter, the Secretary stated that there is no President of Bandorkona Gaon Panchayat to take the approval for convening the meeting as the President of the Bandorkona Gaon Panchayat have been removed by the Deputy Commissioner, Karimganj vide letter No. KDV.29/PE/2019/15 dated 03.10.2019. Consequently, the petitioners submitted a representation on 05.11.2019 before the Deputy Commissioner, Karimganj for not convening the special meeting of no confidence motion against the Vice President of Bandorkona Gaon Panchayat. While the said notice was pending, the Deputy Commissioner, Karimganj had initiated action against the President of Bandorkona Gaon Panchayat by the Show-Cause-Notice dated 12.09.2019. The said Show-Cause-Notice was put to challenge before this Court in WP (C) 7503/2019. This Court vide an order dated 03.10.2019 in the said writ petition had issued Notice and as an interim measure directed the President to file his reply against the Show-Cause-Notice dated 12.09.2019 before the Deputy Commissioner, Karimganj and it was also directed that the said Deputy Commissioner, Karimganj not to take any adverse action. On the same date i.e. 03.10.2019 the Deputy Commissioner, Karimganj removed the President of Bandorkona Gaon Panchayat with immediate effect which led to the filing of another writ petition i.e. WP (C) 7705/2019 and this Court while issuing Notice suspended the removal order dated 03.10.2019 issued by the Deputy Commissioner, Karimganj. This Court vide a judgment and order dated 07.12.2021 dismissed both the writ petitions i.e. WP (C) 7703/2019 and WP (C) 7705/2019.

4. Be that as it may, the question involved in the instant writ petition is that after issuance of the communication to the Deputy Commissioner, Karimganj for convening a special meeting of no confidence motion against the Vice President of the Bandorkona Gaon Panchayat was the Deputy Commissioner, Karimganj justified in not convening the meeting in terms with Section 15 of the Act of 1994. Section 15(1) being relevant is quoted herein-below:

15(1). Every President or Vice-President shall be deemed to have vacated his office forthwith when resolution expressing want of confidence in him is passed by a majority of two-third of the total number of members of the Gaon Panchayat.

Such a meeting shall be specially convened by the Secretary of the Gaon Panchayat with approval of the President of the Gaon Panchayat. Such meeting shall be presided over by the President if the motion is against the Vice- President, and by the Vice-President, if the motion is against the President. In case such a meeting is not conv