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MANISH CHOUDHURY
Ayat Banu Begum W/o- Lt. Anowar Hussain – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
The instant writ petition under Article 226 of the Constitution of India has been instituted by the petitioner assailing the proceedings of a Special Meeting held on 28.04.2022 in the office of Bilasipara Anchalik Panchayat Raniganj to discuss a motion of no confidence brought against the petitioner as the President of 113 no. Baghmari Gaon Panchayat under the Bilasipara Anchalik Panchayat and the Dhubri Zilla Parishad.
2. The genesis of the Special Meeting, convened on 28.04.2022, is traceable and relatable to a Requisition Notice dated 27.01.2022 submitted by 10 nos. of Ward Members of 113 no. Baghmari Gaon Panchayat expressing want of confidence against the petitioner as the President of the said Gaon Panchayat.
3. In the General Panchayat Election held in the year 2018, the petitioner contested for the post of President of 113 no. Baghmari Gaon Panchayat. In the said Election, the petitioner got elected to the post of President of 113 no. Baghmari Gaon Panchayat [hereinafter also referred to as ‘the Gaon Panchayat’, at places, for convenience] as per the provisions of Section 6[1][b] of the Assam Panchayat Act, 1994, as amended. In the said General Panchayat Election, t
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.
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....
By Clause [4] of Article 243C, right to vote in meeting of Panchayat has been made limited to Chairperson of a Panchayat and other members of a Panchayat whether or not chosen by direct election from....
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 ....
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 ....
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