Gauhati High Court
WP(C)/6610/2021 on 26 May, 2022
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GAHC010200462021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : W.P.(C) 6610/2021
Prabhati Dhodrai
D/o Nuwel Dhodrai,
R/o Village - Haribor Doloni,
P.O. Haribor Nahorani,
P.S. Laluk,
District - Lakhimpur, Assam, PIN - 784160.
.................. Petitioner
-Versus-
1. The State of Assam,
represented by the
Commissioner & Secretary
to the Government of Assam,
Panchayat & Rural Development Department,
Dispur, Guwahati 781006, Assam.
2. The Deputy Commissioner,
Lakhimpur, District - Lakhimpur,
North Lakhimpur, Assam, PIN - 787001.
3. The Lakhimpur Zila Parishad,
represented by the
Chairman/Chief Executive Officer,
Lakhimpur Town,
District - Lakhimpur, North Lakhimpur,
Assam, PIN - 787001,
4. Nowboicha Anchalik Panchayat
represented by the
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Chirman/Executive Officer, Nowboicha,
District - Lakhimpur, Assam, PIN - 787023.
5. Doolahat Sonapur Gaon Panchayat,
represented by the
Secretary Village - 30 No., F.C. Grant,
P.O. Singra & P.S. Laluk,
District - Lakhimpur, PIN - 787023, Assam.
6. Papu Hazarika,
Vice President, Doolahat Sonapur Gaon Panchayat,
S/o Ratneswar Hazarika,
R/o Village - No. 1 Sonapur,
P.O. Sonapur & P.S. Laluk,
District - Lakhimpur, Assam, PIN - 784106.
7. Bharat Panika Member,
Doolahat Sonapur Gaon Panchayat,
Ward No 1,
S/O Barashi Panika,
Village - 321 No. Grant,
P.O Singra & P.S. Laluk,
District - Lakhimpur, Assam, PIN - 787023.
8. Aijub Hemrom,
Member, Doolahat Sonapur Gaon Panchayat,
Ward No. 2,
S/o Benjamin Hemrom,
Village - 46 No. Tinijan Kherbari,
P.O. Sonapur & P.S. Laluk,
District - Lakhimpur, Assam, PIN - 784160.
9. Jyoti Bhumij,
Member, Doolahat Sonapur Gaon Panchayat,
Ward No 3, D/o Benjamin Korkonia,
Village - Dodahat Tea Estate,
3 No. Line,
P.O. Singra & P.S. Laluk,
District - Lakhimpur, Assam, PIN - 787023.
10.Moni Saikia,
Member, Doolahat Sonapur Gaon Panchayat,
Ward No. 5,
W/o Gubin Saikia,
Village - Lokhampur,
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P.O. Sonapur & P.S. Laluk,
District - Lakhimpur, Assam, PIN - 784160.
11.Anjali Das,
Member, Doolahat Sonapur Gaon Panchayat,
Ward No. 6,
W/o Paritosh Das,
Village - Kathalpukhuti,
P.O. Singra & P.S. Laluk,
District - Lakhimpur, Assam, PIN - 787023.
12.Manju Neog Hazarika
Member, Doolahat Sonapur Gaon Panchayat,
Ward No. 8,
W/o Niron Chandra Hazarika,
Village - No. 2 Sonapur,
P.O. Sonapur & P.S. Laluk,
District - Lakhimpur, Assam, PIN - 784160.
..................Respondents.
Advocates :
Petitioner : Mr. R.P. Sarmah, Senior Advocate.
: Mr. P.N. Sharma, Advocate.
Respondent nos. 1, 3, 4 & 5 : Mr. N.K. Dev Nath, Standing Counsel,
Panchayat & Rural Development Department
Respondent no. 2 : Mr. M. Chetia, Junior Government Advocate
Respondent nos. 6 - 12 : Mr. A.K. Baruah, Advocate,
Date of Hearing and Judgment & Order : 26.05.2022
BEFORE
HON'BLE MR. JUSTICE MANISH CHOUDHURY
JUDGMENT & ORDER
The writ petition under Article 226 of the Constitution of India has been instituted by
the petitioner assailing the proceedings initiated by a requisition notice submitted by 7
[seven] nos. of Ward Members of Doolahat Sonapur Gaon Panchayat on 07.10.2021 in its
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entirety as the proceeding had ultimately culminated in a special meeting held on 05.11.2021
in the office of the Lakhimpur Zila Parishad at North Lakhimpur. In the special meeting held
on 05.11.2021, the alleged motion of no confidence initiated against the petitioner as the
President of Doolahat Sonapur Gaon Panchayat was stated to have been passed with two-
third majority since 7 [seven] nos. of Ward Members of Doolahat Sonapur Gaon Panchayat
voted against the petitioner.
2. The necessary facts which have led the petitioner to institute the present writ
petition can be briefly narrated as follows :
2.1. In the General Panchayat Election held in the year 2018, the petitioner submitted
her nomination for the post of President of Doolahat Sonapur Gaon Panchayat which post has
been reserved for women. In the General Panchayat Election so held, the petitioner got
elected to the post of President, Doolahat Sonapur Gaon Panchayat [also referred to as 'the
Gaon Panchayat', at places, for easy reference] as per provisions of Section 6[1][b] of the
Assam Panchayat Act, 1994, as amended.
2.2. On an earlier occasion, 7 [seven] nos. of Ward Members of the Gaon Panchayat
submitted a requisition notice in writing expressing want of confidence in the petitioner as the
President and the said process led to holding of a special meeting on 14.12.2020. As per the
resolution passed in the special meeting held on 14.12.2020, the motion of no confidence
was held to have been passed against the petitioner. Aggrieved by the said resolution alleged
to have been passed in the special meeting held on 14.12.2020, the petitioner had instituted
a writ petition, W.P.[C] no. 255/2021. The writ petition, W.P.[C] no. 255/2021 was allowed by
an order dated 03.03.2021 finding that there was a specific violation of Section 15[1], the
Assam Panchayat Act, 1994, as amended.
2.3. There was another move on the part of 7 [seven] nos. of Ward Members of the
Gaon Panchayat to remove the petitioner from the post of President as they had submitted
another requisition notice on 30.04.2021 to convene a special meeting to discuss a motion of
no confidence against the petitioner. The parties are not in dispute of the fact that the said
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requisition notice did not culminate in a special meeting for discussion on the motion. Thus, it
cannot be said that any motion of no confidence was lost on the basis of the said requisition
notice dated 30.04.2021.
2.4. It was on 07.10.2021, 7 [seven] nos. of Ward Members of the Gaon Panchayat had
once again submitted a requisition notice by addressing the same to the Secretary of the
Gaon Panchayat to convene a special meeting to discuss a motion of no confidence against
the President of the Gaon Panchayat i.e. the petitioner by bringing in a number of allegations
regarding illegalities / irregularities allegedly committed by the petitioner in the capacity of
the President of the Gaon Panchayat.
2.5. It transpires from a letter of the President of Naoboicha Anchalik Panchayat dated
28.10.2021 that the President of Naoboicha Anchalik Panchayat received a letter from the
Secretary, Doolahat Sonapur Gaon Panchayat on 22.10.2021 wherein the Secretary, Doolahat
Sonapur Gaon Panchayat mentioned that when the requisition notice submitted by the 7
[seven] nos. of Ward Members of Doolahat Sonapur Gaon Panchayat expressing want of
confidence in the petitioner as the President, the President did not act properly to accord her
approval for convening the special meeting. In the letter dated 28.10.2021, the President of
Naoboicha Anchalik Panchayat had opined that the motions of no confidence, brought against
the petitioner by the earlier requisition notices, dated 30.04.2021 and 25.05.2021
respectively, were not passed and hence, the requisition notice submitted by the 7 [seven]
nos. of Ward Members of Doolahat Sonapur Gaon Panchayat again on 07.10.2021 to discuss
a motion of no confidence could not be accepted, purportedly on the ground that a period of
6 [six] months had not elapsed. With such opinion, the President of Naoboicha Anchalik
Panchayat returned the requisition notice dated 07.10.2021 back to the Secretary, Doolahat
Sonapur Gaon Panchayat.
2.6. Thereafter, the Deputy Commissioner, Lakhimpur vide his letter dated 01.11.2021
directed the Secretary, Doolahat Sonapur Gaon Panchayat to convene a special meeting on
05.11.2021 to discuss the motion of no confidence brought against the petitioner and
accordingly, a special meeting was convened in the office of the Chief Executive Officer,
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Lakhimpur Zila Parishad on 05.11.2021. The special meeting, convened on 05.11.2021, was
presided over by the Assistant Commissioner, Lakhimpur who was deputed by the
jurisdictional Deputy Commissioner.
2.7. In the said special meeting, the motion of no confidence was discussed and
thereafter, it was decided by the members to resort to vote by secret ballot. In the said
process, 7 [seven] nos. of Ward Members were found to have cast their votes in favour of the
motion. As per the minutes of the special meeting dated 05.11.2021, it was held that the
motion of no confidence was passed against the petitioner.
3. I have heard Mr. R.P. Sarmah, learned Senior Counsel assisted by Mr. P.N. Sharma,
learned counsel for the petitioner; Mr. N.K. Dev Nath, learned Standing Counsel, Panchayat &
Rural Development Department for the respondent nos. 1, 3, 4 & 5; Mr. M. Chetia, learned
Junior Government Advocate, Assam for the respondent no. 2; and Mr. A.K. Baruah, learned
counsel for the respondent nos. 6 - 12.
4. Mr. Sarmah, learned Senior Counsel for the petitioner has submitted that the
procedure prescribed under Section 15[1] of the Assam Panchayat Act, 1994 was not followed
right from the time of submission of the requisition notice dated 07.10.2021. There was
infraction of the mandatory and statutory prescription laid down in Section 15 [1], Assam
Panchayat Act, 1994 in that the Secretary of Doolahat Sonapur Gaon Panchayat after receipt
of the requisition notice on 07.10.2021, did not wait for 15 [fifteen] days to expire for the
President of the Gaon Panchayat to accord approval to convene a special meeting. The
Secretary had forwarded the requisition notice to the concerned Anchalik Panchayat on
22.10.2021. It is the contention of Mr. Sarmah that the Secretary, Doolahat Sonapur Gaon
Panchayat after receipt of the requisition notice on 07.10.2021, did not bring the same to the
notice and knowledge of the petitioner in the proper manner which disabled the petitioner to
decide about according approval to convene special meeting, sought for by the 7 [seven] nos.
of Ward Members of the Gaon Panchayat. Submitting so, he has submitted that all
consequential actions would be invalid in law as the procedure prescribed to initiate and to
carry a motion of no confidence requires strict compliance as the consequence is serious for a
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directly elected President of the Gaon Panchayat like the petitioner.
5. Mr. Baruah, learned counsel for the respondent nos. 6-12 has seriously refuted the
contentions advanced on behalf of the petitioner on the point that the requisition notice
submitted by the respondent nos. 6-12 was not brought to the notice and knowledge of the
petitioner. It is his submission that the Secretary of the Gaon Panchayat had brought the
requisition notice to the knowlege of the petitioner through official channel on three
occasions i.e. on 11.10.2021, 16.10.2011 & 21.10.2021 and the said fact is clearly evident
from the peon book of the Gaon Panchayat. As the petitioner despite the requisition notice
brought to her notice and knowledge, had refused to accord her approval to convene the
special meeting and as it is established from the proceedings of the special meeting held on
05.11.2021 that the same had been passed by a majority of two-third of the total number of
members of the Gaon Panchayat, no interference to the resolution passed in the said special
meeting is called for, as the petitioner having lost the confidence of the requisite majority, has
no right to continue as the President.
6. Mr. Dev Nath, learned Standing Counsel has also endorsed the submissions made
by the learned counsel for the respondent nos. 6-12. In support of his submission, he has
produced the relevant records including the peon book whereby the requisition dated
07.10.2021 was sent to the petitioner for service and to obtain her approval for the special
meeting. By referring to the entries made in the peon book, it is submitted that it was the
petitioner who had refused to acknowledge the receipt of the requisition notice.
7. I have considered the submissions of the learned counsel for the parties and have
also perused the materials on record brought by the parties through their pleadings. I have
also perused the records produced by the learned departmental counsel, besides the
decisions cited by the learned counsel of the parties in support of their submissions.
8. At this juncture, it is apposite to refer to the provisions of Section 15 of the
Panchayat Act, 1994, as amended ['the Panchayat Act', for short]. Section 15 of the
Panchayat Act has provided for the matter of no confidence against the President and the
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Vice-President of a Gaon Panchayat. It is provided, inter alia, in sub-section [1] of Section 15
that every President of a Gaon Panchayat shall be deemed to have vacated his/her office
forthwith when a resolution expressing want of confidence in him is passed by two third
majority of the total number of members of the Gaon Panchayat. It has also provided for the
procedure for convening a special meeting. As per Section 15[1], a special meeting is to be
convened by the Secretary of the Gaon Panchayat with the approval of the President of the
Gaon Panchayat. The requisition notice for such a special meeting shall be signed by not less
than one third of the total 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 Gaon Panchayat
with information to the Deputy Commissioner of the District [Section 15(2)]. Sub-section [5]
of Section 18 of the Panchayat Act has made it mandatory with regard to the voting in a
special meeting, where a no confidence motion is discussed, that the same has to be decided
by the secret ballot. Sub-section [1] of Section 15 of the Panchayat Act speaks about vacation
of the office of the President or the Vice-President of the Gaon Panchayat, as the case may
be, in case of expressing no confidence in him/her by a majority of not less than two-third of
the total number of members of a Gaon Panchayat.
9. In the case in hand, the requisition notice dated 07.10.2021 was submitted by 7
[seven] nos. of Ward Members of Doolahat Sonapur Gaon Panchayat, thus, fulfilling the
mandate of submission of such requisition notice by not less than one-third of the total
number of members of a Gaon Panchayat.
10. There is no dispute to the fact that on 07.10.2021, 7 [seven] nos. of Ward
Members of Doolahat Sonapur Gaon Panchayat had submitted the requisition notice in writing
before the Secretary of the Gaon Panchayat with a request to convene a special meeting
expressing want of confidence in the President of the Gaon Panchayat i.e. the petitioner and
had requested to take necessary action in that regard. The Ward Members had brought a
number of allegations against the petitioner in that requisition notice.
11. Whereas on one hand, the petitioner had alleged that the said requisition notice
was not brought to her notice and knowledge in the proper manner, the contention of the
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respondents, on the other hand, is that it was the petitioner who had refused to accept the
requisition notice for convening a special meeting despite the same being brought to her
notice and knowledge through the official channel by the Secretary of the Gaon Panchayat.
12. In view of such contradictory stances taken by the respective parties, the records
are perused. From the records, produced by the learned departmental counsel, it is noticed
that the Secretary of the Gaon Panchayat had received the requisition notice dated
07.10.2021 under his signature and seal on 07.10.2021 but it was only on 11.10.2021, the
Secretary of the Gaon Panchayat had forwarded the requisition notice by placing the same in
the official file before the President of the Gaon Panchayat i.e. the petitioner. In his note, the
Secretary had remarked that when the requisition notice was forwarded through the official
file the petitioner refused to accept the same and did not accord any kind of approval for the
special meeting. The records have further revealed that the Secretary had again put up the
requisition notice before the petitioner through the official file on 16.10.2021 and again on
21.10.2021. The notes appended therein, under the seal and signature of the Secretary of
the Gaon Panchayat with counter signatures of two witnesses, mentioned that the petitioner
had refused to acknowledge the receipt of the requisition notice in the official file and also
refused to accord her approval.
12.1. The records have further revealed that on 22.10.2021, the Secretary of the Gaon
Panchayat forwarded the matter to the President of Naoboicha Anchalik Panchayat for
necessary action from the end of the Anchalik Panchayat on the premise that the petitioner
did not accept the requisition notice dated 07.10.2021 for the motion of no confidence within
15 [fifteen] days and did not give any decision about convening a special meeting to discuss
the motion of no confidence. The opinion expressed by the President of the Naoboicha
Anchalik Panchayat regarding non-maintainability of the requisition on the ground that the
earlier motions were lost, has already been referred above. After such opinion, the Executive
Officer, Naoboicha Anchalik Panchayat by his letter dated 28.10.2021 had returned the matter
to the Secretary of Doolahat Sonapur Gaon Panchayat again.
12.2. It was on 30.10.2021, the Secretary of Doolahat Sonapur Gaon Panchayat had
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forwarded the matter to the office of the jurisdictional Deputy Commissioner, that is, the
Deputy Commissioner, Lakhimpur for taking necessary action in the matter of no confidence
motion brought against the petitioner. On receipt of the letter dated 30.10.2021 from the
Secretary of Doolahat Sonapur Gaon Panchayat, the Deputy Commissioner by a letter dated
01.11.2011 directed the Chief Executive Officer, Lakhimpur Zila Parishad to convene a special
meeting in connection with the motion of no confidence within the stipulated time period
prescribed under Section 15 of the Assam Panchayat Act.
12.3. It was after receipt of the said letter dated 01.11.2021 from the Deputy
Commissioner, Lakhimpur, the Chief Executive Officer, Lakhimpur Zila Parishad by issuing a
notice dated 02.11.2021, convened a special meeting at 11-00 a.m., 05.11.2021 in the office
of the President, Lakhimpur Zila Parishad to discuss the motion of no confidence, on the basis
of the requisition notice submitted by 7 [seven] nos. of Ward Members of the Gaon Panchayat
on 07.10.2021.
13. It can be iterated that there is no dispute to the fact that on 07.10.2021, 7 [seven]
nos. of Ward Members of Doolahat Sonapur Gaon Panchayat had submitted a requisition
notice in writing before the Secretary of the Gaon Panchayat with a request to convene a
special meeting to discuss a motion of no confidence against the President of the Gaon
Panchayat. If the date of requisition i.e. 07.10.2021 was to be taken as the date of knowledge
of the petitioner about submission of the requisition notice expressing want of confidence
then the 15 [fifteen] days' period from 07.10.2021 would have expired on 22.10.2021 and it
was only after 22.10.2021, the Secretary of the Gaon Panchayat would have got the authority
and jurisdiction for the next 3 [three] days to refer the matter to the Anchalik Panchayat to
take necessary action to convene the special meeting within the stipulated time period. On
the other hand, if 11.10.2021 i.e. the date when the Secretary of the Gaon Panchayat had
forwarded the requisition notice to the petitioner through official channel, was taken as the
date of knowledge and receipt for the petitioner, the 15 [fifteen] days' period would have
expired on 26.10.2021 and on and from 27.10.2021, the Secretary could have assumed the
authority and jurisdiction for the next 3 [three] days to forward the matter to the Anchalik
Panchayat for convening the special meeting to discuss the motion of no confidence against
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the petitioner.
14. The issue, therefore, is confined to the date which is to be taken for the purpose
of counting 15 [fifteen] days for the President of the Gaon Panchayat to accord approval for
convening a special meeting in the context of Section 15 of the Panchayat Act.
15. The manner in which a requisition notice is to be brought before the President of a
Gaon Panchayat has been deliberated upon by a Division Bench of this Court in Ali Ahmed
Mazumdar vs. State of Assam and others, reported in 2011 [3] GLT 396. In that case, the
Secretary of the Gaon Panchayat received a requisition notice on behalf of the President to
convene a special meeting on 12.07.2008 and the requisition notice for no confidence motion
was put up before the President on 21.07.2008. The President accorded his approval on
25.07.2008. The Secretary of the Gaon Panchayat instead of convening the special meeting
as per the approval given by the President of the Gaon Panchayat, referred the matter to the
Anchalik Panchayat. In that context, the Division Bench in Ali Ahmed Mazumdar [supra] has
observed as under :
"[9] The question involved in this case is whether the receipt of notice of no
confidence motion by the G.P. Secretary on behalf of the President could be construed
as due service upon the President from the date of receipt of notice by the G.P.
Secretary. The simple dictionary meaning of the word 'receipt' is a written
acknowledgment of anything received. So also the word 'notice' means bringing it to a
person's knowledge. So, receipt of a notice would mean acknowledgement of receipt
of the written notice issued. One may therefore, argue that knowledge includes both
actual awareness and constructive knowledge. One may further argue that since the
appellant had constructive knowledge about no confidence notice, it is enough for him
to take necessary steps in compliance to Section 15[1] of the Act. This argument, in
our view, may sound very sound but it is not acceptable at all, because a notice issued
by the Panchayat members contains serious allegation against the appellant President
which he has to meet and if he fails to satisfy the members and fails to succeed, he
would stand removed from office. So justice demands physical and direct service of
notice upon the President or Vice President in whom the members have lost
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confidence and want to remove him from office.
[10] What actually had happened has already been noted earlier. The necessity of
bringing the notice of no confidence motion to the personal knowledge of the
President or Vice President has also been discussed. It must be noted that the G.P.
Secretary who received the notice on behalf of the President is cast with a legal duty,
which is mandatory in nature, to inform the President forthwith about the receipt of
such notice with a note put up in official file for his personal knowledge and pass
necessary order either according or declining to accord approval to convene the
special meeting for discussion on the no confidence motion by the Panchayat
Members. Because of the extremely possible disastrous consequence, like removal
from office attached to the no confidence motion preceded by compliance of certain
statutory procedures as laid down in Section 15 of the Act, we hold that the notice of
no confidence motion received by the G.P. Secretary on behalf of the G.P. President,
cannot be construed as due notice to the President and the period of 15 days as
contemplated under Section 15 [1] of the Act could be counted only from the date of
bringing the notice to personal knowledge of the President formally through official
note, and not otherwise. The reason is quite obvious. A dishonest Panchayat
Secretary, for dubious purpose or on extraneous consideration to serve some vested
interest, may play mischief by holding back the notice from the President or Vice
President against whom the Panchayat members have expressed loss of confidence, to
create a situation for it and to show/prove that the President or Vice President has
failed to convene the special meeting within 15 days as prescribed under Section 15 [1]
and make out a case for referring the matter to Anchalik Panchayat to convene a
special meeting by it."
16. In Ali Ahmed Mazumdar [supra], it has been laid down that receipt of a notice of
no confidence motion by the Secretary of the Gaon Panchayat on behalf of the President of
the Gaon Panchayat cannot be construed as due notice to the President and the period of 15
[fifteen] days contemplated under Section 15 [1] of the Assam Panchayat Act would be
counted only from the date of bringing the notice to personal knowledge of the President of
the Gaon Panchayat formally through official note in official file and not otherwise. Another
Division Bench judgment in Kamrul Islam Laskar vs. State of Assam, reported in 2017 [5] GLT
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829, has followed the principle laid down in Ali Ahmed Mazumdar [supra]. In Kamrul Islam
Laskar [supra], the requisition notice dated 27.12.2016, received by the Secretary of the
Gaon Panchayat on the same day, was put up before the President on 29.12.2016 through an
office file and in that context, it has been held that the 15 [fifteen] days period has to be
computed from the date of receipt of notice or the date of bringing the notice to the
knowledge of the President, as qualified in Ali Ahmed Mazumdar [supra].
17. A look at the endorsement dated 11.10.2021 of the Secretary of the Gaon
Panchayat does not go to indicate that the requisition notice dated 07.10.2021 was brought
to the notice and knowledge of the President of the Gaon Panchayat i.e. the petitioner
through any official channel or through any official file on any date earlier to 11.10.2021.
Thus, in the absence of any other material to indicate that the notice was placed before the
President before 11.10.2021 through official channel/file the date, 07.10.2021 on which the
requisition notice was received by the Secretary of the Gaon Panchayat, cannot be taken as
the date for the purpose of counting 15 [fifteen] days to authorize and vest jurisdiction in the
Secretary of the Gaon Panchayat to refer the matter to the President of the Anchalik
Panchayat. From the records maintained by the Gaon Panchayat as well as from the letter
dated 28.10.2021 of the President of Naoboicha Anchalik Panchayat, it is evident that the
Secretary of the Gaon Panchayat had forwarded the matter to the President of the Anchalik
Panchayat on 22.10.2021. In such view of the matter, the reference made by the Secretary of
the Gaon Panchayat in the case in hand on 22.10.2021 to the President of the Anchalik
Panchayat to convene the special meeting is found to be without authority and jurisdiction,
due to non-elapse of 15 [fifteen] days from 11.10.2021. Accordingly, this Court is of the
considered view that there is clear infraction of the statutory prescription contained in Section
15[1] of the Assam Panchayat Act, as amended. It is no longer res integra that as a no
confidence motion is likely to visit the elected President of the Gaon Panchayat with serious
consequence of removal from the office of the President of Gaon Panchayat to which he/she
has been directly elected by the entire population of the Gaon Panchayat, the procedure
prescribed in Section 15[1] of the Assam Panchayat Act, 1994 is held to be mandatory and it
requires strict compliance. As a result, all consequential actions which had taken place
subsequent thereto are also not sustainable. In such view of the matter, the resolution passed
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in the special meeting held on 05.11.2021 is held to be unsustainable in law and the same is
liable to be quashed and set aside. It is accordingly ordered.
18. The learned counsel for the respondents' side have, in unison, submitted that it is
clearly demonstrable from submissions of requisitions, on three occasions, by 7 [seven] nos.
of elected Ward Members which in itself is more than two-third majority of the total number
of members of the Gaon Panchayat, that the President of the Gaon Panchayat has lost
confidence on the requisite majority. On the first occasion, the motion passed against the
President was held to be bad due to non-compliance of the condition regarding service of
notice on the President i.e. the petitioner and the same was set aside by the order dated
03.03.2021 passed by this Court in the writ petition, W.P.[C] no. 255/2021. The requisition
notice dated 30.04.2021, submitted for the second occasion, was not entertained and could
not be taken forward due to return of the requisition notice by the President of the
jurisdictional Anchalik Panchayat on technical grounds and the motion was never lost to
operate as a bar for the next 6 [six] months in terms of the second proviso to Section 15[1]
of the Assam Panchayat Act. On the third occasion also, the motion was held to be not
sustainable in law due to failure to adhere to the mandatory procedural formality. They have,
therefore, submitted that as it is prima facie demonstrable that the petitioner has apparently
lost the confidence of the two-third majority of the total number of members of the Gaon
Panchayat since long back and in such view of the matter, the petitioner should be directed to
convene a special meeting forthwith to decide the motion of no confidence brought against
her. In support of their such submissions, reliance is placed in the decisions of this Court in
Rita Rani Dushad vs. The State of Assam and others, reported in 2016 [4] GLT 905;
Mocklishur Rahman Laskar vs. State of Assam and others, reported in 2017 [4] GLT 933; and
W.P.[C] no. 4921/2021 [Sushama Nath vs. The State of Assam and others ], decided on
04.10.2021. On the other hand, learned Senior Counsel for the petitioner has referred to the
Full Bench decision of this Court in Forhana Begum Laskar vs. State of Assam and others ,
reported in 2009 [3] GLT 575.
19. Having regard to the entire conspectus of background fact situation obtaining in
the case in hand, this Court is of the considered view that it cannot be oblivious of the fact
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that on all these three occasions requisition notices were submitted by more than two-third
majority of the total number of members of the Gaon Panchayat expressing want of
confidence against the President of the Gaon Panchayat i.e. the petitioner. As on all the three
occasions, the process subsequent to requisition notices expressing want of confidence had
failed finally either on technical grounds or due to procedural irregularities, this Court, thus, is
of the considered view that it would be failing in its duty in exercising its power under Article
226 of the Constitution of India if this Court does not direct the petitioner to hold a special
meeting to decide the no confidence motion brought against her.
20. In the light of the above and taking note of the directions made in Rita Rani
Dushad [supra] and Mocklishur Rahman Laskar [supra], while allowing the writ petition to the
extent indicated above, it is directed that the President of Doolahat Sonapur Gaon Panchayat
i.e. the petitioner will convene and hold a special meeting on 15.06.2022 in the office of the
Gaon Panchayat by serving the requisite notices upon all the stakeholders, fixing the time at
which the same is convened. Mr. P.N. Sarmah, learned counsel for the petitioner has
undertaken on behalf of the petitioner to comply with the above direction. In order to ensure
that the proceedings in the special meeting are carried out properly, the Deputy
Commissioner, Lakhimpur shall depute a Gazetted Officer not below the rank of Class-I, as an
observer for the purpose of the special meeting.
21. Until the special meeting to discuss the no confidence motion against the
petitioner is held on 15.06.2022 and the no confidence motion is decided, the petitioner will
function as the President of Doolahat Sonapur Gaon Panchayat.
22. The writ petition is allowed to the extent indicated above with the afore-mentioned
observations and directions. No cost.
JUDGE
Comparing Assistant
