ORDER

Date : 13-05-2021 Heard Mr. O. Modi, learned counsel for the petitioner. Also heard Mr.

S. Tapin, learned Sr. Govt. Advocate for the State respondents.

2. The petitioner, the elected Gram Panchayat Member from 3/10 Upper Dalbing Gram Panchayat Constituency having been further elected as Gram Panchayat Chairperson of the Upper Dalbing Gram Panchayat Constituency on 09.05.2021, has put to challenge the notice of No Confidence Motion dated 10.05.2021(wrongly typed as 10.05.2020), issued by the Member Secretary, 3-Mariyang GPs, vide No. MRG/PR-02/20 (annexed as Annexure-B), whereby motion of No Confidence has been convened under Section 63(1) of the Arunachal Pradesh Panchayat Raj Act, 1997 against the petitioner, on a requisition for No Confidence Motion made by the respondent Nos. 7, 8 & 9.

3. The aforesaid notice of No Confidence Motion, dated 10.05.2021(wrongly typed as 10.05.2020), has been challenged by the petitioner on the ground that he has not been provided with any notice of such No Confidence Motion by at least 7(seven) days, as contemplated under Section 63(1) of the Arunachal Pradesh Panchayat Raj Act, 1997.

4. Section 63 (1) of the Arunachal Pradesh Panchayat Raj Act, 1997 reads as follows:

“63. (1) a motion of no confidence may be moved by one-third of the total number of directly elected members of a Gram Panchayat or a Zilla Parishad against its Chairperson after giving at least seven days notice in writing to the Member Secretary or any other prescribed authority of Gram Panchayat or Zilla Parishad of their intention to move such a motion.”

5. On reading of Section 63(1) of the Arunachal Pradesh Panchayat Raj Act, 1997, as quoted hereinabove, it is noticed that a Motion of No Confidence can be moved by one-third of the total numbers of directly elected members of a Gram Panchayat against its Chairperson, after giving at least 7(seven) days notice in writing to the Member Secretary or any other prescribed authority of Gram Panchayat or Zilla Parishad of their intention to move such a motion. Thus, the 7(seven) days notice contemplated under Section 63(1) of the said Act is a notice to the Member Secretary and not to the Chairperson of a Gram Panchayat, as contended by the learned counsel for the petitioner.

6. In the absence of any provision under Section 63(1) of the Arunachal Pradesh Panchayat Raj Act, 1997 as well as any other provision entitling the Chairperson a prior notice of at least 7(seven) days of convening of No Confidence Motion by the Member Secretary, no illegality can be found in the impugned notice of No Confidence Motion dated 10.05.2021(wrongly typed as 10.05.2020), issued by the Member Secretary, 3-Mariyang GPs, vide No. MRG/PR-02/20, convening No Confidence Motion, under Section 63(1) of the Arunachal Pradesh Panchayat Raj Act, 1997 on 14.05.2021, to prove the majority and confidence, in holding the post of Gram Panchayat Chairperson of 3/10 Upper Dalbing Gram Panchayat Constituency.

7. In view of the above, no interference is called for to the impugned notice of No Confidence Motion, dated 10.05.2021(wrongly typed as 10.05.2020), issued by the Member Secretary 3-Mariyang GPs, vide No.

MRG/PR-02/20.

8. The writ petition accordingly fails and the same is dismissed being devoid of merit.

JUDGE

Comparing Assistant