The Singe Bench of Gauhati High Court of Justice Suman Shyam has quashed a resolution expressing no-confidence in the petitioner who is the President of a Gram Panchayat, as a result of which she was removed from the office stating that she did not comply with Assam Panchayat Act, 1994 read with Rule 62 of the Assam Panchayat (Constitution) Rules, 1995.
Background of the Case and Submissions Made:
It was stated in the submission that the member of the Gaon Panchayat, who voted against the petitioner, had given birth to her third child the previous year.
As per Section 111(2)(a) of the Act read with Rule 62 of the Rules, the candidate stood automatically disqualified on the voting date. The contention which was put forward was that despite this, her vote was taken into account while passing the no-confidence resolution.
The petitioner was contented for setting aside the impugned resolution and for issuance of a direction to restore his client back in the office. .
Counsels for the respondents in their submissions agreed that the said member of the panchayat had been disqualified, but retained that the disqualification would have no bearing on the petitioner's case, as the impugned resolution was passed before the declaration of her disqualification.
Observation of the Court:
Court observed that the member had voted against the petitioner and without her vote, the petitioner would not have been ousted from office. He also found no dispute about the fact that the member had incurred disqualification under the law prior the date of adoption of the impugned resolution. He found it unnecessary to delve into other aspects of the matter, including the procedural formalities for declaring the member a disqualified candidate.
It was further noted that the impugned resolution was declared to be vitiated and liable to be set aside. The Court restored the petitioner to the office of the President of the Bongalmara Gaon Panchayat with immediate effect. The Court said that the order will not stand in the way should the authorities or any member of the Gaon Panchayat propose a fresh motion of "no-confidence" against the petitioner, following due process of law.
Case Details:
Case Title : Jugitawali Pawe v State of Assam and 15 ors.
Bench: Justice Suman Shyam
Picture Source :
