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DEVASHIS BARUAH
Rashida Khatun – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
The instant writ petition has been filed by the petitioner challenging the resolution dated 29.05.2023 thereby removing the petitioner from the post of President, Rampur Satra Gaon Panchayat as well as the impugned communication dated 29.05.2023 issued by the Executive Officer Batadrava Anchalik Panchayat.
2. The specific case of the petitioner herein is that the requisition was submitted by the 8 (eight) Ward Members of Rampur Satra Gaon Panchayat expressing no confidence against the petitioner who was the President of the said Gaon Panchayat. The said requisition was received by the Secretary, Rampur Satra Gaon Panchayat on 17.03.2023. Thereupon, on 18.03.2023, the said notice regarding no confidence against the petitioner was served upon the petitioner. The further case of the petitioner is that without waiting for the mandatory period of 15 (fifteen) days, the Secretary, Rampur Satra Gaon Panchayat referred the matter vide communication dated 30.03.2023 to the President, Batadrava Anchalik Panchayat. Thereupon, it is the further case of the petitioner that 10 (ten) Ward members joined together to file a writ petition before this Court which was registered and numbered
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.
In a judicial proceeding any interference of an order which a person may be beneficiary of cannot be initiated and concluded without issuing notice to person who is beneficiary.
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.
Section 15(2) of Assam Panchayat Act, 1994 which provides for giving notice to President for purpose of holding a No Confidence Motion is mandatory and non compliance of such mandatory provision and ....
The court emphasized that the President duly elected continues to discharge the functions as per the Assam Panchayat Act, 1994, and directed the authorities to comply with the law.
The main legal point established in the judgment is that the actions taken to initiate a No-Confidence-Motion must comply with the provisions of Section 15(1) of the Assam Panchayat Act, 1994.
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