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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI
Hena Begum, D/o. Abual Hares – Appellant
Versus
State Of Assam, Represented By The Additional Chief Secretary To The Govt. Of Assam, Panchayat And Rural Development Department – Respondent
| Table of Content |
|---|
| 1. challenge against election meeting due to procedural violations. (Para 1 , 2) |
| 2. arguments regarding notice, quorum, and authorization issues. (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 3. analysis of statutory compliance regarding notice and quorum. (Para 9 , 10 , 11 , 12 , 13) |
| 4. resolution of the meeting unsustainable in law. (Para 14) |
| 5. order for fresh elections in compliance with statutory requirements. (Para 15 , 16 , 17) |
JUDGMENT :
SANJAY KUMAR MEDHI, J.
8 nos. of petitioners have joined together in instituting the present challenge by filing this writ petition under Article 226 of the Constitution of India whereby challenge has been made to the first meeting of No.1 Mankachar Anchalik Panchayat, South Salmara-Mankachar dated 19.07.2025 wherein the President and Vice-President were elected.
2. As per the facts projected, the elections of the aforesaid Anchalik Panchayat were held in May, 2025 and on 14.07.2025, the first meeting of the concerned Anchalik Panchayat was convened but as no members were present, the meeting was deferred to 19.07.2025. It is the case of the petitioners that even such postponement was not duly notified and within a span of 4 days, the meeting was he
The mandatory provisions of notice and quorum in the election process are crucial for ensuring valid democratic practices, and failure to adhere results in the annulment of electoral resolutions.
Mandatory notice and quorum requirements for Panchayat elections must be fulfilled for meetings to be valid; violation renders the election results unsustainable.
Quorum rules for Panchayat meetings pertain to business transactions and do not apply to the election of officials, which is governed by specific statutory provisions requiring full member participat....
The court affirmed that the quorum requirement under Rule 46(3) was fulfilled with six members present, and emphasized the necessity of adhering to principles of natural justice in decision-making pr....
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.
Wherever a complaint of violation of a mandatory provision is made, the court should enquire in whose interest is the provision conceived.
Voting in no-confidence motions must adhere strictly to prescribed methods, such as secret ballots, without discretion from the Presiding Officer.
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