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DEVASHIS BARUAH
Islam Uddin Talukdar S/o Late Tazamul Ali Talukdar – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
Heard Mr. S. B. Laskar, the learned counsel appearing on behalf of the Petitioner and Mr. S. Dutta, the learned Standing counsel appearing on behalf of the P&RD Department. I have also heard Mrs. S. Sharma, the learned Additional Junior Government Advocate appearing for the State.
2. The instant writ petition has been filed by the Petitioner being aggrieved by the actions of the Respondent Authorities in not allowing the Petitioner to perform the duties of the President of Pathakhauri Gaon Panchayat under Dullavcherra Development Block in spite of the fact that the No Confidence Motion which was passed against the Petitioner vide the resolution dated 25.07.2022 was interfered with by this Court.
3. The brief facts of the instant case is that in the year 2018, the Petitioner was elected as the President of Pathakhauri Gaon Panchayat under Dullavcherra Anchalik Panchayat (for short “the Gaon Panchayat in question”). A No Confidence Resolution was passed on 25.07.2022 against the Petitioner and resultantly, the Petitioner was removed from his post and the Respondent No.4 was allowed to take over the charge as In-charge President of the Gaon Panchayat in question. The Petitione
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 the mandatory nature of the 15-day period for convening a no confidence meeting as per Section 15 of the Assam Panchayat Act, 1994.
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.
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.
Point of Law : Duty of the Chairman/Vice-Chairman to face the no-confidence motion, as they were elected office-bearers and if they had lost the confidence of the majority to continue as such office-....
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