The central legal point established is that the Vice-President is entitled to exercise the powers and duties of the President as per Section 13 (2) (d) of the Assam Panchayat Act, 1994.

JUDGMENT :

The instant writ petition has been filed by the petitioners which includes the Vice-President of 14 No. Rangirghat Gaon Panchayat.

2. The grievances of the petitioners are to the effect that the concerned District Commissioner, Cachar is not following the mandate of Section 13 (2) (d) of the Assam Panchayat Act, 1994 (for short, ‘the Act of 1994’) which provides that if the President dies or is removed or resigns, the Vice-President shall exercise all the powers, perform all the functions and discharge all duties as the President till the Office of the President is filled up in the manner provided under Sub-Section (1) (b) of Section 6 of the Act of 1994.

3. For the purpose of deciding the said aspect, this Court finds it pertinent to take note of the relevant facts.

4. The petitioners herein were elected as members of 14 No. Rangirghat Gaon Panchayat (for short, ’the Gaon Panchayat in question’) on 09.12.2018. Pursuant to the said election, one Sri Sambhu Rabidas was elected as the President of the said Gaon Panchayat. The record further reveals that a notice for no confidence was issued on 09.06.2023 expressing no confidence upon the said Sri Sambhu Rabidas as the President of the said Gaon Panchayat. Pursuant thereto, a meeting was held on 26.06.2023 wherein the President of the said Gaon Panchayat was removed. This removal led to the filing of a writ petition before this Court which was registered and numbered as WP(C) No.4285/2023. This Court disposed of the said writ petition vide the judgment and order dated 14.09.2023 wherein the resolution by which the said Sri Sambhu Rabidas was removed was set aide and quashed and the said Sri Sambhu Rabidas was given the liberty to grant permission for convening the meeting requisitioned vide the requisition letter dated 09.06.2023 within 30.09.2023. This Court made it clear that if the said President failed to grant the permission within 30.09.2023, the Secretary of the Gaon Panchayat in question shall do the needful in accordance with Section 15 of the Act of 1994.

5. The record reveals that the said President, i.e. Sri Sambhu Rabidas did not grant the permission for the meeting and pursuant thereto, proceedings were taken up in terms of Section 15 of the Act of 1994. Thereupon, on 10.11.2023, a special meeting of the said Gaon Panchayat was held in the Office of the Cachar Zilla Parishad wherein 8 members of the Gaon Panchayat had expressed no confidence upon the said President Sri Sambhu Rabidas. The District Commissioner, Cachar, Silchar was duly intimated about the meeting held on 10.11.2023 and sought for handing over of the charge of the said Gaon Panchayat in terms of Section 13 (2) (d) of the Act of 1994 on 18.11.2023. However, as the District Commissioner, Cachar did not take such action, the instant writ petition was filed on 25.11.2023. The record further reveals that on 08.12.2023, this Court sought for instructions from the respondent authorities as to why the District Commissioner, Cachar has not acted upon the communication dated 18.11.2023.

6. Today, when the matter was taken up, Mr. P. Handique, the learned Standing Counsel appearing on behalf of the P&RD Department has submitted that taking into account that the election of the Gaon Panchayats are due to be held in the month of January, 2024 tentatively, the District Commissioner, Cachar is not required to handover the charge to the Vice-President in view of the proviso to Section 10 (1) of the Act of 1994.

7. Mr. H. Sarma, the learned counsel appearing on behalf of the District Commissioner, Cachar submits no action was taken by the District Commissioner, Cachar taking into account the observation made by this Court in WP(C) No.6516/2023 to the effect that the meeting held on 10.11.2023 shall be subject to the outcome of the said writ petition. The learned counsel submitted that the said Sri Sambhu Rabidas had challenged the Resolution dated 10.11.20223 on the basis of which the said Sri Sambhu Rabid