Gauhati High Court
Sabed Ali vs The State Of Assam And 15 Ors on 22 November, 2022
Page No.# 1/7
GAHC010081092021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3651/2021
SABED ALI
S/O. LT. DANESH ALI, VILL. DAUKMARI, P.O. JANIA, DIST. BARPETA,
ASSAM, PIN-781314.
VERSUS
THE STATE OF ASSAM AND 15 ORS
THROUGH THE PRINCIPAL SECRETARY OF THE GOVT. OF ASSAM,
PANCHAYAT AND RURAL DEVELOPMENT, DISPUR, GUWAHATI-06.
2:THE DEPUTY COMMISSIONER
BARPETA
DIST. BARPETA
ASSAM.
3:THE CHIEF EXECUTIVE OFFICER
BARPETA ZILA PARISAD
DIST. BARPETA
ASSAM.
4:MANDIA ANCHALI PANCHAYAT
REP. BY EXECUTIVE OFFICER (I/C)
MANDIA
DIST. BARPETA
ASSAM.
5:THE PRESIDENT OF MANDIA ANCHALIK PANCHAYAT
MANDIA
Page No.# 2/7
P.O. MANDIA
DIST. BARPETA
ASSAM.
6:THE SECRETARY
81 NO. JANIA GAON PANCHAYAT
P.O. JANIA
P.S. AND DIST. BARPETA
ASSAM.
7:JESMINA BEGUM
W/O. MONOWAR HUSSAIN
VILL. JANIA
P.O. JANIA
P.S. AND DIST. BARPETA
PIN-781314
ASSAM.
8:AKKAS ALI
S/O. LT. KALIM UDDIN
VILL. CHAPRA
P.O. JAHURPAM
DIST. BARPETA
PIN-781314.
9:AKHIL OJAH
S/O. LT. KALIM UDDIN
VILL. CHAPRA
P.O. JAHURPAM
DIST. BARPETA
PIN-781314.
10:DEPALI DAS
W/O. HITESH KAKATI
VILL. JANIA
P.O. JANIA
DIST. BARPETA
ASSAM
PIN-781314
11:HELIMA KHATUN
W/O. SHAHIDUL ISLAM
VILL. SALEKURA
P.O. JANIA
Page No.# 3/7
DIST. BARPETA
ASSAM
PIN-781314
12:RAJEDA BEGUM
W/O. NAZRUL ISLAM
VILL. SALEKURA
P.O. JANIA
DIST. BARPETA
ASSAM
PIN-781314
13:ROUSANA BEGUM
W/O. KHAIRUL ISLAM
VILL. BANGLIPARA GAON
P.O. JANIA
DIST. BARPETA
ASSAM
PIN-781314
14:SAFIQUL ISLAM
S/O. MIZANUR RAHMAN
VILL. CHAPRA
P.O. JAHURPAM
DIST. BARPETA
ASSAM
PIN-781314
15:ZINNAT ALI
S/O. LT. FARMAN ALI
VILL. DAUKMARI
P.O. JANIA
DIST. BARPETA
ASSAM
PIN-781314
16:DABUR UDDIN
S/O. LT. AFAZ UDDIN
VILL. CHAPRA GAON
P.O. JAHURPAM
DIST. BARPETA
ASSAM
PIN-78131
Advocate for the Petitioner : MR. M U MAHMUD
Advocate for the Respondent : GA, ASSAM
Page No.# 4/7
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
22.11.2022
Heard Mr. M.U. Mahmud, learned counsel for the petitioner. Also heard
Mr. N.K. Devnath, learned counsel for the respondent Nos. 1, 3, 4 & 6 and Mr.
N. Dutta, learned counsel for the respondent Nos. 7 to 16. Mr. Chetia, learned
counsel appears for the respondent No. 2.
2. The petitioner is aggrieved with the impugned No Confidence Motion held
on 08.03.2021, by which the petitioner has been removed from the post of
President of 81 No. Jania Gaon Panchayat, on the ground that the petitioner
was not given any notice informing him that the Special Meeting would be held
on 08.03.2021.
3. The brief facts of the case is that the petitioner was elected as President
of the Gaon Panchayat. A No Confidence Motion was moved against the writ
petitioner on the basis of a requisition made on 19.12.2020, for holding a
meeting of no-confidence motion against the petitioner. Consequent thereto, in
a Special Meeting held on 19.01.2021, the petitioner was removed by a No
Confidence Motion. The petitioner being aggrieved by his removal filed WP(C)
No. 707/2021. WP(C) No. 707/2021 was disposed of, vide order dated
10.02.2021, by holding that as the petitioner now had proper notice for
requisition of the meeting dated 19.12.2020, the period of 15 days, as provided
under Section 15(1) of the Assam Panchayat Act, 1994 (herein after referred to
as the Act of 1994), would commence from 10.02.2021, so as to enable the
petitioner to accord necessary approval for convening the Meeting. The order
passed in WP(C) No. 707/2021 also stated that if the petitioner failed to accord
approval of the Meeting within 15 days, the law would take its own course.
Page No.# 5/7
Consequently, the removal of the petitioner as President vide the no-confidence
motion held on 19.01.2021 was set aside.
4. Being aggrieved by the fact that the learned Single Judge had directed
that a meeting should be held regarding the motion of no-confidence, the
petitioner filed writ appeal i.e. W.A No. 76/2021, which was dismissed by the
Division Bench by order dated 02.03.2021. As the petitioner did not accord
approval for convening of the meeting, the Anchalik Panchayat, vide Notice
dated 05.03.2021, directed that the Meeting on the motion of No Confidence
should be held on 08.03.2021.
5. In the motion of No Confidence and the subsequent voting that took place
on 08.03.2021, the petitioner was removed as President of the Gaon Panchayat,
with all the members present voting by secret ballot, supporting the No
Confidence Motion.
6. The petitioner's grievance is that he was not aware of the Meeting held on
08.03.2021, as no notice was served upon him.
7. The petitioner's counsel submits that in terms of Section 15(3) of the Act
of 1994, the President of the Gaon Panchayat has to convene a meeting for the
No Confidence Motion within 15 days from the date he is made aware of the
requisition of a No Confidence Motion. If the President is unable to convene a
meeting within 15 days, the Anchalik Panchayat is to be informed of the same
within 3 days thereafter. The petitioner's counsel submits that as the judgment
of the learned Single Judge in WP(C) No. 707/2021 had been challenged in W.A
No. 76/2021, 38 days had elapsed and as such, the meeting could not have
been convened in terms of the judgment passed in W.P(C) No. 707/2021 and
the Act of 1994. He also submits that no notice of the Meeting to be held on
08.03.2021 was made known or given to the petitioner.
8. The learned counsel for the State respondents, on the other hand, submits
Page No.# 6/7
that a Peon had gone to the house of the petitioner on 05.03.2021, to serve the
Notice of the date fixed for the meeting on the petitioner. However, the same
was refused by the petitioner. On 06.03.2021, the Peon went to the house of
the petitioner and posted the notice of the meeting to be held on 08.03.2021,
on the pillar of the petitioner's house. Mr. N.K. Devnath, learned counsel has
also submitted photographs showing the Peon putting up the Notice in the pillar
of the petitioner's house. He also submitted the Peon Book showing the
recording of the events of the Peon's day on 5th & 6th March, 2021.
9. Mr. S. Dutta, learned counsel for the private respondent submits that there
was no stay of the judgment passed by the learned Single Judge in W.A No.
76/2021 and as such, the petitioner was to have complied with the order of the
learned Single Judge and fix a date for convening the Meeting. However, the
same not being done, there was no infirmity in holding a meeting on
08.03.2021, on the basis of the notice issued by the Anchalik Panchayat.
10. I have heard the learned counsels for the parties.
11. The order passed in WP(C) No. 707/2021 had directed that the period of
15 days provided under Section 15(1) of the Act of 1994, for convening a
meeting for the No Confidence Motion would commence from 10.02.2021, to
enable the petitioner to accord necessary approval for convening the meeting.
The petitioner failed to convene a meeting and instead chose to challenge the
decision of the learned Single Judge in W.A No. 76/2021. No stay was granted
by the Division Bench and W.A No. 76/2021 was eventually dismissed vide order
dated 02.03.2021. The Anchalik Panchayat thereafter issued a notice dated
05.03.2021 for convening a meeting of the No Confidence Motion on
08.03.2021. The facts of the case, as stated above, clearly goes to show that
there can be no fault in convening of the meeting on 08.03.2021, in view of the
challenge made by the petitioner to the judgment passed by the learned Single
Page No.# 7/7
Judge before the Division Bench. With respect to the stand taken by the
petitioner that he was not made aware of the Meeting on 08.03.2021, the Peon
Book and the photograph clearly indicate that notice was pasted on the house
of the petitioner. Further, the very fact that there has been litigation between
the parties clearly implies that the petitioner would have known about the
convening of the No Confidence Motion meeting to be held on 08.03.2021.
12. On considering the facts and reasons stated above, this Court finds no
ground to exercise it's discretion in this case. Writ petition is accordingly
dismissed.
JUDGE
Comparing Assistant
