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.

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, the respondent nos. 6 – 15 also got themselves elected as Ward Members of the Gaon Panchayat.

4. As the Requisition Notice dated 27.01.2022 resulted into a litigation in the form of a writ petition, W.P.[C] no. 1512/2022 earlier, it appears necessary to exposit the necessary facts brought by the same parties herein in the writ petition, W.P.[C] no. 1512/2022 to appreciate the issue involved in the present writ petition. The writ petition, W.P.[C] no. 1512/2022 was allowed by an Order dated 21.04.2022 with a number of directions. As the necessary facts mentioned in the Order dated 21.04.2022 are not in dispute, the same can be stated as follows.

4.1. On submission of the Requisition Notice dated 27.01.2022 by the 10 nos. of Ward Members of 113 no. Baghmari Gaon Panchayat, who were impleaded as respondent nos. 7 – 16 in W.P.[C] no. 1512/2022 and are also impleaded as the respondent nos. 6 – 15 in the present writ petition, before the Secretary of the Gaon Panchayat, the Secretary of the Gaon Panchayat on the ground that the petitioner herein as the President of the Gaon Panchayat did not give her approval to convene the Special Meeting, forwarded the matter to the President of the Bilasipara Anachalik Panchayat on 10.02.2022 for the purpose of convening the Special Meeting as per the provisions of Section 15[1] of the Assam Panchayat Act, 1994 by enclosing a copy of the Requisition Notice dated 27.01.2022 submitted by 10 Ward Members of the Gaon Panachayat. On receipt of the Letter dated 10.02.2022 from the Secretary of the Gaon Panchayat along with Requisition Notice dated 27.01.2022, the President of the Bilasipara Anchalik Panchayat decided to convene the Special Meeting on 22.02.2022 to decide on the motion of no confidence brought against the petitioner as the President of 113 no. Baghmari Gaon Panchayat. When the Special Meeting was held on 22.02.2022 subsequent to a Notice dated 15.02.2022, the motion was found to have been passed against the petitioner as the President of 113 no. Baghmari Gaon Panchayat as out of 10 nos. of Ward Members of the Gaon Panchayat, 9 nos. of Ward Members who were present, voted in favour of the motion. As the motion expressing lack of confidence on the petitioner as the President of 113 no. Baghmari Gaon Panchayat was found to have been passed by a majority of two-third of the total number of Ward Members of the Gaon Panchayat, a resolution was passed that the petitioner stood removed from the office of the President of the Gaon Panchayat with immediate effect.

5. The present petitioner was the petitioner in the writ petition, W.P.[C] no. 1512/2022. After appearance of all the parties including the respondent nos. 7 – 16 therein, who are the respondent nos. 6 – 15 herein, the resolution relating the no confidence motion