Gauhati High Court

Ayat Banu Begum vs The State Of Assam And 15 Ors on 21 April, 2022

Page No.# 1/16

GAHC010053062022

THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/1512/2022

AYAT BANU BEGUM
W/O LATE ANOWAR HUSSAIN
R/O PAIKANDARA PART-II
P.O. BAGHMARI
P.S. BILASIPARA
DIST. DHUBRI
ASSAM
PIN-783345

VERSUS

THE STATE OF ASSAM AND 15 ORS
REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
DISPUR
GUWAHATI-781006.

2:THE COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
PANJABARI
JURIRPAR
GUWAHATI-781037.

3:THE CHIEF EXECUTIVE OFFICER
(CEO)
DHUBRI ZILLA PARISHAD
DHUBRI
DHUBRI
ASSAM
PIN-783335.

4:THE BLOCK DEVELOPMENT OFFICER
BILASIPARA CUM EXECUTIVE OFFICER
BILASIPARA ANCHALIK PANCHAYAT
Page No.# 2/16

BILASIPARA
DHUBRI
ASSAM
PIN-783335.

5:THE SECRETARY
BAGHMARI GAON PANCHAYAT
KACHUAGAON
P.O. BAGHMARI
P.S. BILASIPARA DHUBRI
ASSAM
PIN- 783345

6:THE PRESIDENT
BILASIPARA ANCHALIK PANCHAYAT
BILASIPARA
BILASIPARA
DHUBRI
ASSAM
PIN-783345

7:MOZMUL HOQUE
MEMBER
S/O KAPIL UDDIN
R/O BAGHMARI PART-I
P.O. BAGHMARI
P.S. BILASIPARA
DIST. DHUBRI
ASSAM
PIN-783345.

8:ANIL KR NATH
MEMBER
S/O HATUBA RAM NATH
R/O PURAN LAU PARA
P.O. BAGHMARI
P.S. BILASIPARA
DIST. DHUBRI
ASSAM
PIN-783345

9:SOFIQUL HOQUE
MEMBER
S/O ABDUL HAMID
R/O BAGHMARI PART-III
P.O. BAGHMARI
P.S. BILASIPARA
Page No.# 3/16

DIST. DHUBRI
ASSAM

PIN-783345
10:ASHOK KR. NATH
MEMBER
S/O HARMOHAN NATH
R/O HANDARTARI
P.O. LAKHIGANJ
DIST. DHUBRI
ASSAM PIN-783345

11:SUMITRA NATH
MEMBER
W/O UMESH NATH
R/O PAIKANDARA PART-I
P.O. BAGMARI
P.S. BILASIPARA
DIST. DHUBRI
ASSAM
PIN-783345

12:MONJU ARA BIBI
MEMBER
W/O ZAKIR HUSSAIN
R/O KACHUAGAON PART-I
P.O. BAGHMARI
P.S. BILASIPARA
DIST. DHUBRI
ASSAM PIN-783345

13:SABITA DEVI
MEMBER
W/O NIRANJAN NATH
R/O SHIBERDABRI
P.O. AND P.S. BILASIPARA
DIST. DHUBRI
ASSAM
PIN-783348

14:TAJINA BIBI
MEMBER
W/O MOINUL HOQUE
R/O KACHUAGAON PART-II
P.O. BAGHMARI
P.S. BILASIPARA
DIST. DHUBRI
ASSAM PIN-783345
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15:ELIMA KHATUN
MEMBER
S/O MOSTAKIN SHEIKH
R/O BAGMARI PART-II
P.O. BAGHMARI
P.S. BILASIPARA
DIST. DHUBRI
ASSAM
PIN-783345.

16:DIPTI DEVI
MEMBER
W/O RUSENDRA CH. NATH
R/O PAIKANDRA PART-II
P.O. LAKHIGANJ
P.S. BILASIPARA
DIST. DHUBRI
ASSAM

PIN-783345
------------
Advocate for : MR. T J MAHANTA
Advocate for : SC
P AND R.D. appearing for THE STATE OF ASSAM AND 15 ORS

BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK

ORDER

21-04-2022

Heard Mr. T. J. Mahanta learned senior counsel assisting by Mr. S.U. Ahmed learned counsel for the petitioner and Mr. A Roy, learned standing counsel P&RD Department for the respondent Nos. 1 to 5. Also hard Mr. M. Hussain learned counsel for the respondent Nos. 7 to 16.

2) Petitioner is the elected President of 113 No. Baghmari Gaon Panchayat, Baghmari (hereinafter referred to as the said GP) under Bilasipara Anchalik Panchayat (hereinafter referred to as the said AP) of Dhubri Zilla Parishad, District-Dhubri and the respondent Nos.

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7 to 16 are the elected Members of the said Gaon Panchayat.

3) It is stated that by the petitioner while she was unwell due to various medical ailments the respondent Nos. 7 to 16 on 27.01.2022 submitted a requisition before the Secretary of the said Gaon Panchayat, respondent No. 5 to call for a Special Meeting so as to move 'No Confidence Motion' against her alleging certain allegations' (Annexure-2 to the writ petition).

4) Petitioner stated that though the respondent Nos. 7 to 16 served the said requisition letter dated 27.01.2022 on the Secretary of the said Gaon Panchayat, respondent No. 5 on 27.01.2022 itself, but copy of the same was served by the respondent No.5 on her son on 08.02.2022 only, that too, in her absence. As she was suffering from medical ailments, therefore, her son did not inform her about the said requisition letter dated 27.01.2022. Petitioner stated that she came to know about the said requisition letter only on 10.02.2022 and on the same date itself she informed the Secretary of the said Gaon Panchayat, respondent No. 5 that considering her health ground, the meeting be held after a week (Annexure-3 to the writ petition).

5) The petitioner stated that in spite of receipt of her said letter dated 10.02.2022, the Secretary of the said Gaon Panchayat, respondent No. 5 vide letter No. B.G.P-10/No Confidence/2022-23/02 dated 10.02.2022 informed the President of Bilasipara Anchalik Panchayat, respondent No. 6 that though he on 27.01.2022 requested the President of the said Gaon Panchayat (petitioner herein) to give her approval to call for the special meeting of 'No Confidence Motion' fixing a date, but he did not receive any written direction/ order or approval from the side of the said President within 15 (fifteen) days in that regard. As such by the said communication dated 10.0.2022 the Secretary of the said Gaon Panchayat requested the President of the said Anchalik Panchayat to take all necessary steps to call for the Special Meeting of 'No Confidence Motion' within 7 (seven) days from 10.02.2022 as per the provisions of Section 15(1) of the Assam Panchayat Act, 1994, enclosing a copy of the said requisition letter dated 27.01.2022 submitted by the members of the said Gaon Panchayat (respondent Nos. 7 to 16 herein) (Annexure-4 to the writ petition).

6) Petitioner stated that pursuant to the said letter dated 10.02.2022 of the Page No.# 6/16

respondent No. 5, Secretary of the said Gaon Panchayat, the Block Development Officer (BDO) of Bilasipara Development Block, Raniganj, respondent No. 4 by his letter No. BDB- 71/BGP/No Confidence/2021-22/1654 dated 15.02.2022 informed the Secretary of the said Gaon Panchayat that after due approval of the President of said Anchalik Panchayat, respondent No. 6, it has been decided that the Special Meeting for the No Confidence Motion will be convened in the Block Headquarter, Raniganj on 22.02.2022 at 12 noon. By the said letter dated 15.02.2022 the BDO of Bilasipara Development Block, Raniganj also directed the Secretary of the said Gaon Panchayat to inform the Ward Members/Vice President of 113 No. Baghmari Gaon Panchayat to attend the said special meeting so that the process of No Confidence Motion brought against the President of the said Gaon Panchayat could be initiated as per the said 1994 Act (Annexure-4 to the writ petition).

7) Petitioner also stated that on 22.02.2022 said Special Meeting of 'No Confidence Motion' was held and vide resolution No. 4, said Motion against her was passed as out of 10 (ten) elected members of the said Gaon Panchayat, 9 (nine) members were present in the meeting and all those nine members voted in favour of 'No Confidence Motion' against

her and accordingly, as 2/3rd majority members of the said Gaon Panchayat voted in favour of the motion, said Motion of No Confidence was established as provided under Section 15(1) of said 1994 Act.

8) Petitioner stated that before submitting the application of 'No Confidence Motion' to the Secretary of Baghmari Gaon Panchayat, its Vice President and other Ward Members convened the meeting of the Executive Body on 24.01.2022 at 01:00 pm at the private residence of Sri Ashok Kumar Nath of Howdartary village regarding the 'No Confidence Motion' against her and the said meeting was presided over by the Vice-President of the said Gaon Panchayat, which is in clear violation of the Panchayat Act, 1994 as the meeting of the Executive Body must be convened at the Office of the Gaon Panchayat in presence of the Secretary of the concerned Gaon Panchayat. Since the due procedure in that regard was not followed by the respondents, i.e., the Vice President and the other Ward Members of the said Gaon Panchayat, the impugned proceeding of 'No Confidence Motion' against the Petitioner should be set aside and quashed.

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9) It is stated by the petitioner that the allegations of the private respondents regarding collection of revenue and taxes and Gaon Panchayat Fund by the President holding that the same are the duties of the Secretary of the Gaon Panchayat. Before making any such allegations against her the respondents could have obtained information relating to those issues from the concerned Secretary itself and if the Secretary of the Gaon Panchayat fails to provide the report, then the Gaon Panchayat Secretary himself will be responsible for such act. Petitioner also stated that as per office norms a President of the Gaon Panchayat is not required to provide those information and therefore, the opinion of the House in brining the 'No Confidence Motion' against the President of the said Panchayat on those issues being not reasonable and valid, the same should be set aside and quashed.

10) It is also stated by the petitioner that Requisition Notice of 'No Confidence Motion' dated 27.01.2022 was served on the Secretary of the said Gaon Panchayat on 27.01.2022 itself, but the Secretary of the said Gaon Panchayat served the said Notice on her son on 08.02.2022 that too in her absence and whereas the petitioner could come to know about the same only on 10.02.2022 and immediately she replied to the Secretary of the said Gaon Panchayat. Petitioner stated that assuming that the service of Requisition Notice dated 27.01.2022 was served on the petitioner on 08.02.2022 and in that case the petitioner gets 15 (fifteen) clear days time to convene the Special Meeting w.e.f., 08.02.2022 which was up to 23.02.2022. But ignoring the letter of the petitioner dated 10.02.2022 (Annexure-3 of this petition) the Secretary of the said Gaon Panchayat by his letter dated 10.02.2022 itself wrote to the President of Bilasipara Anchalik Panchayat in violation of Section 15(1) of the Assam Panchayat Act, 1994.

11) Petitioner further stated that the BDO-cum-Executive Officer, Bilasipara Anchalik Panchayat by his letter dated 15.02.2022 directed the Secretary of said Gaon Panchayat to hold the meeting of 'No Confidence Motion' on 22.02.2022, i.e., within seven days with effect from 10.02.2022, which is completely in violation of the provisions of Section 15(1) of the Assam Panchayat Act, 1994.

12) Petitioner placed before the Court that as per the provisions of Section 15(1) of the 1994 Act, it is the President of the concerned Anchalik Panchayat or the concerned Gaon Page No.# 8/16

Panchayat, as the case may be, is the competent authority to convene such Special Meeting and the Secretary of the Anchalik Panchayat or the Gaon Panchayat are not empowered to convene such meeting. It is pointed out that in the case in hand, it is the Block Development Officer, Bilasipara Panchayat to convene the Special Meeting of 'No Confidence Motion' on 22.02.2022.

13) Petitioner also placed that as per the mandatory provisions of Section 15(1) of said 1994 Act, Special Meeting of 'No Confidence Motion' should be convened by the President of the Anchalik Panchayat within seven days from the communication of the Secretary of the Gaon Panchayat but in the case in hand the said meeting against her was held after expiry of said 7 (seven) days.

14) Petitioner submitted that aforesaid reasons show that the impugned Special Meeting of 'No Confidence Motion' held on 22.02.2022 against her was held in violation of the statutory provisions of Section 15(1) of said 1994 Act and therefore, she submitted that the impugned resolution dated 22.02.2022 is required to be interfered by the Court in exercise of the power conferred under Article 226 of the Constitution of India and the same should be set aside and quashed for the interest of justice.

15) On 09.03.2022 the Court in the present proceeding while issuing notice to the respondents, in the interim suspended the resolution dated 22.02.2022 passed by the respondent Nos. 7 to 16 in the said Special Meeting of 'No Confidence Motion' against the Petitioner, the President of 113 No. Baghmari Gaon Panchayat under Bilasipara Anchalik Panchayat of Dhubri Zila Parishad until further order.

16) Respondent Nos. 7 to 15 have filed the connected I.A.(Civil) No. 808/2022 for vacating the stay order dated 09.03.2022.

17) Mr. A. Roy learned standing counsel P&RD Department placed the relevant records including the peon book in original regarding serving of copy of requisition letter dated 27.01.2022 to the petitioner, which goes to show that when the said requisition letter of no confidence motion was sent with the peon book on 27.01.2022, in the said peon book under the column of 'Receiver's Signature' against the date of 27.01.2022 it reflects that the Page No.# 9/16

same was not received. However, the said peon book does not reflect of serving of said requisition letter to the petitioner again after 27.01.2022.

18) Section 15 of the Assam Panchayat Act 1994 relates to No confidence motion against the President and Vice-President and it stipulates as follows:

15. No confidence motion against the President and Vice President:-

(1) Every President or Vice-President shall be deemed to have vacated his office forthwith when resolution expressing want of confidence in him is passed by a majority of two-third of the total number of members of the Gaon Panchayat.

Such a meeting shall be specially convened by the Secretary of the Gaon Panchayat with approval of the President of the Gaon Panchayat. Such meeting shall be presided over by the President if the motion is against the Vice-President; and by the Vice-President if the motion is against the President. In case such a meeting is not convened within a period of fifteen days from the date of receipt of notice, the Secretary of the Gaon Panchayat shall within three days refer the matter to the President of the concerned Anchalik Panchayat who shall convene the meeting within seven days from the receipt of information from the Secretary of the Gaon Panchayat and preside over such meeting.

In case the President of the Anchalik Panchayat does not take action as above within the specified seven days time the concerned Gaon Panchayat Secretary shall inform the matter to the Deputy Commissioner/Sub-Divisional Officer (Civil) as the case may be within three days after the expiry of the stipulated seven days time and the concerned Deputy Commissioner/Sub Divisional Officer (C) shall convene the meeting within seven days from the date of receipt of the information with intimation to the Zilla Parishad and the Anchalik Panchayat and preside over the meeting so convened:

Provided that the concerned Deputy Commissioner/Sub-Divisional Officer (C) as the case may be, in case of his inability to preside over the meeting, may depute one Gazetted Officer to preside over such meeting:

Provided further that when a no-confidence motion is lost, no such motion shall be allowed in the next six months.

(2) The requisition for such a special meeting under Sub-Section (1) shall be signed by not less than one third of the local number of members of the Gaon Panchayat and shall be delivered to the President or Vice-President as the case may be, of the concerned Anchalik Panchayat with intimation to the Deputy Commissioner of the District.

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(3) Without Prejudice to the provision under this Act a President or a Vice President of a Gaon Panchayat may be removed from office by the concerned Anchalik Panchayat with the approval of the Zilla Parishad for misconduct of his/her duties or neglects or incapacity to perform his/her duties or for being persistently remiss in the discharge of or guilty of any disgraceful conduct and President or Vice- President so removed shall not be eligible for re-election as President or Vice-President during the remaining term of office either as President or Vice-President of such Gaon Panchayat:

Provided that no such President or Vice-President of a Gaon Panchayat shall be removed from office unless he is given reasonable opportunity to furnish explanation to the Anchalik Panchayat.

(4) A vice-President so removed from his office under Sub-Section (3) may also be removed from membership of the Gaon Panchayat by the Government after the giving member a reasonable opportunity furnish his explanation.

(5) If, under sub-section (1), the members of the Gaon Panchayat express want of confidence both in the President and Vice -President of the Gaon Panchayat at the same time and issue notices, the Secretary of the Gaon Panchayat, within seven days from the date of receipt of such notices, shall report the matter to the President of the concerned Anchalik Panchayat who shall arrange to convene the meeting within fifteen days from the date of receipt of the intimation, separately, to consider the motion against the President first and to consider the motion against the Vice-President next day and shall preside over both the meetings. The President of the concerned Anchalik Panchayat presiding the meeting shall have no vote.

In case the President of the concerned Anchalik Panchayat does not take action as above, the Secretary of the Gaon Panchayat, within three days after the expiry of the stipulated fifteen days time, shall refer the matter to the concerned Deputy Commissioner or the Sub-Divisional Officers (C), as the case may be. On receipt of the information, the Deputy Commissioner or the Sub-Divisional Officer as the case may be, shall convene both the meetings in the manner as above; within fifteen days from the date of receipt of the information with intimation to the concerned Anchalik Panchayat and Zilla Parishad and preside over such meetings:

Provided that the concerned Deputy Commissioner or the Sub Divisional Officer as the case may be, in case of his inability to preside over the meeting, may depute a Gazetted Officer not below the rank of Class- I Gazetted Officer to preside over such meeting:

Provided further that if it is not possible to hold the meeting for a situation due to non-attendance of the requisite number of members in such meeting or meetings as the case may be, the no-confidence motion shall automatically stands cancelled and motion shall be deemed to have lost, in the event of Page No.# 11/16

which no such motion shall be allowed within the next six months.

19) Though petitioner contended that before completion of fifteen days from 27.01.2022 the Secretary of the said Gaon Panchayat on 10.02.2022 itself refer the matter to the President of Bilasipara Anchalik Panchayat without completion of fifteen days in violation of the provisions of Section 15(1) of said 1994 Act, but Mr. M. Hussain learned counsel for the respondent Nos. 7 to 16 placing the Judgment of this Court in the case of Ranjit Singh Vs. State of Assam and Others, reported in 2012 (2) GLT 106 submitted that as the petitioner did not receive the requisition letter of no confidence motion dated 27.01.2022 that was forwarded to her by the Secretary of said Gaon Panchayat with the Peon Book on 27.01.2022 itself, therefore, it amounts to refusal to grant approval to the proposal of the Secretary of the said Gaon Panchayat to convene the meeting and as such the Secretary of said Gaon Panchayat is not required to wait for completion of the fifteen days as stipulated in Section 15(1) of said 1994 Act.

20) From the Peon Book of the said Gaon Panchayat placed before the Court it is seen that the Secretary of said Gaon Panchayat with the Peon Book on 27.01.2022 itself forwarded the requisition letter of no confidence dated 27.01.2022 to the petitioner, President of 113 No. Baghmari Gaon Panchayat, but the same was not received.

21) From the said Peon Book it is seen that the Secretary of the said Gaon Panchayat on 10.02.2022 referred the matter to the President of Bilasipara Anchalik Panchayat, which was duly received by the said Anchalik Panchayat on 10.02.2022 itself with its signature and the round seal.

22) It is also seen that the Secretary of the said Gaon Panchayat on 10.02.2022 also forwarded the copy of his said letter to the President of Bilasipara Anchalik Panchayat to (i) the Deputy Commissioner, District-Dhubri, (ii) the Chief Executive Officer, Dhubri Zilla Parishad, (iii) the Sub-Divisional Officer (Civil), Bilasipara and (iv) Block Development Officer of Bilasipara Development Block, for their information and necessary action.

23) In the case of Ranjit Singh (supra) this Court have held that -

(10) In the instant case the records reveal that the Secretary of the Gaon Panchayat submitted a Page No.# 12/16

note dated 05. 02. 2011 before the petitioner, who was the President of the Gaon Panchayat, for convening the special meeting to discuss the motion expressing want of confidence on him, along with the notice dated 04. 02. 2011 given by all the 10 members of the Gaon Panchayat to that effect. The petitioner refused to receive such notice as well as the note given by the Secretary seeking approval to convene the special meeting of the Gaon Panchayat. The conduct of the petitioner amounts to refusal to grant approval to the proposal of the Secretary to convene the meeting and as such, the Secretary of the Gaon Panchayat cannot wait or 15 days as stipulated in sub-section (1) of Section 15 to refer the matter to the President of the Anchalik Panchayat. The petitioner though in the writ petition has taken the stand that he did not know anything about the notice given by all the 10 members of the Gaon Panchayat expressing want of confidence on him as the said fact was not brought to his notice, such stand taken by the petitioner in the writ petition, however, is belied by the materials available on record, wherefrom it clearly establishes that the notice expressing want of confidence was placed before the President i. e. the petitioner on 05. 02. 2011 along with the note dated 05. 02. 2011 of the Secretary requesting him to accord approval or convening a special meeting to discuss such motion, who, however, has refused to accept the same, amounting to refusal to approve the approval of the Secretary to convene the meeting.

24) Considering the above this Court is of the view that the Secretary of said Gaon Panchayat did not commit any illegality or violated the provisions of Section 15(1) of the Panchayat Act, 1994 in referring the matter to the President of Bilasipara Anchalik Panchayat on 10.02.2022 itself.

25) It is also seen that the Block Development Officer of Bilasipara Development Block, Raniganj by his letter dated 15.02.2022 informed the Secretary of the said Gaon Panchayat that a discussion was held with the President of the Bilasipara Anchalik Panchayat regarding holding of the meeting of no confidence motion against the President of said Gaon Panchayat and after his due approval it was decided that the special meeting for the No Confidence Motion will be convened in the Block Headquarter, Raniganj on 22.02.2022 at 12 noon sharp and accordingly directed the Secretary of the said Gaon Panchayat to inform the Ward Members/Vice President of the said Gaon Panchayat about the same.

26) Section 15(1) of said 1994 Act requires that it is the President of the concerned Anchalik Panchayat who shall convene the meeting within seven days from the receipt of information from the Secretary of the Gaon Panchayat and preside over such meeting.

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27) Division Bench of this Court in the cases of Smti. Ayesha Begum Mazerbhuiya Vs. State of Assam and Sri Dhirendra Chandra Das & Others Vs. Sri Nighurbashi Das & 6 others have held that under Section 15(1) of the Assam Panchayat Act 1994 Act, such meeting can be convened only by the President of the Anchalik Panchayat.

28) But in the case in hand it is seen that it is the Block Development Officer of Bilasipara Development Block, Raniganj by his letter dated 15.02.2022 informed the Secretary of the said Gaon Panchayat that a discussion was held with the President of the Bilasipara Anchalik Panchayat regarding holding of the meeting of no confidence motion against the President of said Gaon Panchayat and after his due approval it was decided that the Special Meeting of No Confidence Motion in the Block Headquarter, Raniganj will be convened on 22.02.2022 at 12 noon. It is clear that the said meeting of 22.02.2022 was not convened by the President of the Bilasipara Anchalik Panchayat. No records have been placed before the Court by the respondent authorities or the respondent Nos. 7 to 16 that the President of the Bilasipara Anchalik Panchayat directed the Secretary to convene the special meeting and/or for taking action and pursuant to the said information of the President of the said Anchalik Panchayat, its Secretary informed the Secretary of the said Gaon Panchayat for the purpose of holding the meeting of the Gaon Panchayat to discuss the no-confidence motion against the petitioner.

29) Further the records made available before this Court by the respondent authorities or by any other documents placed before the Court the respondent Nos. 7 to 16, the respondents failed to show as to when the President of the Bilasipara Anchalik Panchayat had taken the decision to convene the said special meeting.

30) Moreover, even it is assumed that the Block Development Officer of Bilasipara Development Block, Raniganj by his letter dated 15.02.2022 informed the Secretary of the concerned Gaon Panchayat that special meeting of no confidence against the petitioner was rightly scheduled on 22.02.2022, after due approval of the President of the Bilasipara Anchalik Panchayat, even then, the said special meeting is beyond the period of seven days from the date of receipt of information from the Secretary of the said Gaon Panchayat on 10.02.2022.

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31) Mr. M. Hussain learned counsel for the respondent Nos. 7 to 16 however submitted that such time period is directory in nature. But he failed to show that the said meeting was convened by the President of the said Anchalik Panchayat within seven days from 10.02.2022 i.e., the date of receipt of the communication of the Secretary of the said Gaon Panchayat by the Bilasipara Anchalik Panchayat.

32) From the above this Court found that said special meeting of no confidence motion against the petitioner held on 22.02.2022 in the Block Headquarter, Raniganj at 12 noon in terms of the impugned communication No. BDB-71/BGP/No Confidence/2021-22/1654 dated 15.02.2022 of the Block Development Officer of Bilasipara Development Block, respondent No. 5 (Annexure-5 to the writ petition) is not in conformity with the provisions of Section 15(1) of the Assam Panchayat Act, 1994.

33) Considering above, this Court is of the view that the impugned resolution relating to the 'No Confidence Motion' adopted by the respondent Nos. 7 to 16 against the petitioner on 22.02.2022 being in violation of the provisions of Section 15(1) of the Assam Panchayat Act, 1994 is hereby set aside and quashed.

34) At the same time the Court cannot shut its eyes that alleging certain allegations the respondent Nos. 7 to 16 on 27.01.2022 submitted the requisition before the Secretary of the said Gaon Panchayat, respondent No. 5 to call for a Special Meeting so as to move 'No Confidence Motion' against the petitioner and admittedly majority members of said Gaon Panchayat had lost their confidence on the petitioner.

35) The Secretary of the 113 No. Baghmari Gaon Panchayat, Baghmari on 10.02.2022 itself has moved the President of Bilasipara Anchalik Panchayat referring the requisition dated 27.01.2022 of the respondent Nos. 7 to 16 requesting the said authority to consider to convene the special meeting to discuss the No Confidence Motion against the petitioner in terms of said requisition letter dated 27.01.2022.

36) Accordingly, the President of the Bilasipara Anchalik Panchayat, Bilasipara, respondent No. 6 is now directed to perform his duty within seven days from today as provided under Section 15(1) of the Assam Panchayat Act, 1994 by convening the said Page No.# 15/16

special meeting and/or for taking action for the purpose of holding the special meeting of the Gaon Panchayat to discuss the no-confidence motion against the petitioner pursuant to the information submitted by the Secretary of the said Gaon Panchayat on 10.02.2022 and to preside over the said special meeting.

37) After convening the meeting i.e., fixing the date, time and venue of the Special meeting by the President of Bilasipara Anchalik Panchayat as directed above, the President, Vice President and other members of 113 No. Baghmari Gaon Panchayat shall be duly informed about the same by the President of said Bilasipara Anchalik Panchayat or through the Secretary of the said Anchalik Panchayat or through the Secretary of 113 No. Baghmari Gaon Panchayat.

38) As this order has been passed in presence of the learned counsels for the petitioner and respondent Nos. 7 to 16, elected member of the 113 No. Baghmari Gaon Panchayat, they shall submit a certified copy of this order before the President of Bilasipara Anchalik Panchayat forthwith.

39) It is also clarified that in case the President of the Bilasipara Anchalik Panchayat, Bilasipara, respondent No. 6 does not take action or fails to take action as directed above within the said seven days time, the Secretary of the said 113 No. Baghmari Gaon Panchayat, Baghmari, within three days after the expiry of the stipulated seven days time, shall refer the matter to the Deputy Commissioner, Dhubri or the Sub-Divisional Officer (Civil), Bilasipara, as the case may be and on receipt of the said information, the Deputy Commissioner, Dhubri or the Sub-Divisional Officer (Civil), Bilasipara as the case may be, shall convene the Special Meeting within seven days from the date of receipt of the said information with intimation to the Zilla Parishad, Dhubri and Bilasipara Anchalik Panchayat and shall preside over the said meeting.

40) In case of any inability on the part of the Deputy Commissioner, Dhubri or the Sub Divisional Officer (Civil), Bilasipara as the case may be, to preside over the meeting, the authority concern may depute a Gazetted Officer not below the rank of Class-I Gazetted Officer to preside over the said meeting.

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41) The interim order passed earlier on 09.03.2022 in this proceeding suspending the resolution dated 22.02.2022 passed by the respondent Nos. 7 to 16 in the said Special Meeting of 'No Confidence Motion' against the Petitioner, the President of 113 No. Baghmari Gaon Panchayat under Bilasipara Anchalik Panchayat of Dhubri Zila Parishad stands merged with this order.

42) With the above observation and direction this writ petition stands allowed to the extent above.

JUDGE

Comparing Assistant