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SANDEEP MEHTA, MITALI THAKURIA
Masuma Khatun, Wife of Sayed Tarif Aziz – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
Sandeep Mehta, C.J.
The instant writ appeal is directed against the judgment & final order dated 25.11.2022 passed by the learned Single Judge disposing of WP(C) No.6853/2022 preferred by the appellant/writ petitioner with a direction to re-convene the meeting of the Bajiagaon Gaon Panchayat for considering the no-confidence motion initiated by 10(ten) Members of the said Gaon Panchayat against the appellant/writ petitioner being the elected President of the said Gaon Panchayat.
2. It may be mentioned here that the meeting in pursuance of the requisition dated 13.05.2022 was held on 28.07.2022 and the resolution of no-confidence was passed. The appellant/writ petitioner challenged the resolution on the ground that the same was undertaken in gross violation of the provisions of Section 15 of the Assam Panchayat Act, 1994 (hereinafter referred to as “the Act”) inasmuch as, requisition notice was not served upon the appellant/writ petitioner, i.e. the President, who would then be required to call the meeting within 18(eighteen) days. Since the notice under Section 15 of the Act was never served upon the appellant/writ petitioner, the no-confidence motion was assailed.
3. The le
A no-confidence motion against a Gaon Panchayat President is not deemed 'lost' due to procedural irregularities, allowing for a fresh motion to be initiated without the six-month bar.
Word ‘lost’ appearing in 2nd proviso to section 15(1), in deference to fundamental principles of statutory interpretation, has to be essentially comprehended in text and context in which it appears.
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 ....
Section 15 of Assam Panchayat Act, 1994 have been held to be directory and not mandatory, any resolution adopted cannot be faulted with merely because time limit prescribed under Section 15(1) have n....
In a judicial proceeding any interference of an order which a person may be beneficiary of cannot be initiated and concluded without issuing notice to person who is beneficiary.
The main legal point established in the judgment is the interpretation of the term 'lost' within the meaning of section 15(i) of the Assam Panchayat Act, 1994 and its implications on the bar in bring....
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.
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