Ayat Banu Begum vs The State Of Assam And 4 Ors
2022 Latest Caselaw 1553 Gua

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GAHC010087412022




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

                          Case No. : WP(C)/3025/2022

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



         VERSUS

         THE STATE OF ASSAM AND 4 ORS.
         REP. BY THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM, PANCHAYAT
         AND RURAL DEVELOPMENT DEPTT., DISPUR, GHY.- 781006.

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

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

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

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

Advocate for the Petitioner   : MR. M K CHOUDHURY

Advocate for the Respondent : SC, P AND R.D.

BEFORE THE HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY Order

11.05.2022

Heard Mr. MK Choudhury, learned Senior counsel assisted by Mr. M Sarma, learned counsel for the petitioner.

Mr. Choudhury, learned Senior counsel at the outset submits that in the cause title the President, Bilasipara Anchalik Panchayat has been shown as respondent No. 6. However, same should be read as respondent No. 5.

Accordingly, Registry to correct the same in the CIS system.

This writ petition is preferred challenging the communication dated 26.04.2022 and the resolution of meeting dated 28.04.2022 whereby the petitioner was removed from the post of President of Baghmari Gaon Panchayat.

Mr. Choudhury, learned Senior counsel submits that the clear three days notice is mandatory under the provision of Section 17 (3) of the Assam Panchayat Act, 1994 and the said mandatehas been violated in the present case. The notice of the meeting was issued on 26.04.2022 fixing the date of the meeting on 28.04.2022. In this context, Mr. Choudhury relies on an unreported judgment of this court in WP(C) 3570/2021 wherein it was held that clear three Page No.# 3/3

days shall means both the first and last day of the date notified.

Mr. S Dutta, learned counsel representing the respondents submits that the provision of Section 17 (3) of the Panchayat Act has been held not to be mandatory by the Hon'ble Division Bench in its decision reported in (2013) 4 GLT 1043.

In view of the aforesaid, this matter needs a deeper consideration.

Issue notice, returnable on 20.05.2022.

As all the respondents are duly represented, no formal notice needs to be issued. However, extra copy, in required number, be furnished to the learned counsel for the respondents during the course of the day.

Mr. Dutta submits that he can file affidavit and produce the record by the next date fixed.

Issue notice on interim also, returnable on 20.05.2022.

JUDGE

Comparing Assistant