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.

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 as WP(C) No.2363/2023 whereby this Court vide an order dated 17.05.2023 issued notice and further observed that pendency of the writ petition shall not be a bar for the respondent authorities to proceed with the matter as regards convening of the special meeting to discuss the motion of no confidence as per the provisions of the Assam Panchayat Act, 1994 (for short, ‘the Act of 1994’). The petitioner further stated that on 29.05.2023, the special meeting was convened at 11:00 AM showing that the said meeting was being convened as per the direction of this Court. 9 (nine) Members voted against the petitioner and on the basis of which the President of the Batadrava Anchalik Panchayat declared that the meeting of no confidence was over. On the same date, the Executive Officer of Batadrava Anchalik Panchayat issued a communication to the Deputy Commissioner, Nagaon submitting the minutes of the no confidence meeting. It is however not known what steps have been taken thereupon by the Deputy Commissioner, Nagaon. The petitioner on coming to learn about the same has approached this Court by filing the instant writ petition.

3. This Court vide an order dated 05.06.2023 issued notice and in the meantime it was directed that the Gaon Panchayat authorities shall not take any major decision as regards the financial affairs of the Gaon Panchayat other than the decisions as regards its day to day affairs.

4. The record reveals that the private respondents, i.e. the respondent Nos.8 to 16 have filed their affidavit-in-opposition wherein it was duly admitted that on 18.03.2023, the President’s approval was sought for in order to convene the meeting of no confidence. It was also mentioned that the then President of Rampur Satra Gaon Panchayat, i.e. the petitioner did not accord the approval of the same and as such the Secretary, Rampur Satra Gaon Panchayat forwarded the letter on 30.03.2023 to the President of Batadrava Anchalik Panchayat for convening the meeting of no confidence. It was further mentioned that on the basis of the orders dated 08.05.2023 and 17.05.2023 passed in WP(C) No.2363/2023, the no confidence meeting was held on 29.05.2023 which was presided over by the President of Batadrava Anchalik Panchayat, and thereupon, a no confidence was passed against the petitioner by following the provisions of Section 15 & 18 (5) of the Act of 1994. Further to that, in the said affidavit, various judgments have been referred to.

5. Be that as it may, it is seen that on 09.11.2023, the Chief Executive Officer, Nagaon Zilla Parishad had in pursuance to an order dated 18.10.2023 passed by this Court in I.A.(C) No.2790/2023 conferred powers upon one Musabbir Hussain, the Vice-President of Rampur Satra Gaon Panchayat to function as the President of Rampur Satra Gaon Panc